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LIBRARY OF THE 
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The Acts of 1917 Wy 
of the 
State of Pennsylvania 


ENTITLED 


Intestate Act, Wills Act, Fiduciaries 
Act, Orphans’ Court Partition 
Act, Revised Price Act, 
Register of Wills Act, 
Orphans’ Court Act. 


PREPARED BY 


HON. JOHN MARSHALL GEST, of the Orphans’ Court of Phila- 
' delphia County; HON. THOMAS J. BALDRIDGE, President 
Judge of Blair County; and HON. GEORGE E. ALTER, 
of the Allegheny County Bar, Commissioners 
Appointed under Authority of the 
Act] of 21915>-P.-L.) 177. 


TOGETHER WITH 


The Preliminary Notes of Explanation of the Several 
Acts taken from the Report of the Commis- 
sioners to the Legislature of 1917. 


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PITTSBURGH 


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TABLE OF CONTENTS 


PAGE 
PRELIMINARY NOTES TO THE SEVERAL ACTS: 
Intestate Act © acs 5. cu Se ee ae ee see ee 3 
SWAN DS AES a ite 8 5. tiara Lo eee ae Po eee ae cca ee eee ce fae 6 
Piduciariés,, Act 025.204 soos nee i ee ee ee 7 
Partition: Act ys .ge-cc-ce 2s) cette cathe caae eee tea ee eee ee 10 
Revised. Price vAct Sissi ac eee. eee a ei ee ee eee 11 
Register.off Wills: AGt’ Mr. 5 We beet ee Oe eee ae ref 
Orphans’ Court sAct Gh oa at bce Sie eros in eee a ee 12 
ENTESTATEO A. OTS Ghia ie sce acute tis ie eine vets ea) eps er St eae e accuses lease 14 
W UTS ACI Sis See one Os Rig ARE We Pet ahs he te ey oe 35 
B'IDUCTARIES MA OT Tale ec oe a eee Cue Galle igen oa ee ee eee * 49 
PARTITIONS ACT) 005 2). e 6a ie cea eB mcarur aed boa taageee: conan ERE ekeat at CPA) eee 181 
REVISED SPRICH OAOT ) Ge 0e8 on tine alee ereeeiel Oh ole aie aie oer 211 
REGISTER ‘OF ) WIGGLES AGT: 2.8. b ob Sree cs pe ee oe ee ee 230 
OBPHANS’ = COURT | AGTic arc see Nerdie ss wien woe trates oe Wc ieee ohne ee 246 


3X 3 
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PRELIMINARY NOTE TO THE SEVERAL ACTS. 
| Intestate Act. 


In this revised Act, the Commissioners have followed 
the phraseology of the existing statutes in accordance 
with their resolution to make, as a general rule, only 
such verbal changes as might be necessary where a 
substantive change of the law is intended. 

It is well at this point to note two important changes 
which affect the entire Act. The first is that the same 
scheme of inheritance is provided for both real and 
personal estate, thus ignoring the distinction that 
exists at present by which the interests of the surviving 


spouse or of parents are in some cases restricted to a 
> life interest in the realty while their interests in the 


vn “Oh 


personal estate are absolute. 
The reason for this distinction is purely historical; 
the common law rules of inheritance of real estate 


~* came through the feudal law, while the statutes of dis- 
~ tribution of personal estate were derived through the 
~“SRoman law, and were in England administered by the 
**Meclesiastical Courts and the Court of Chancery. 
“Many of the resulting distinctions have long since been 
-abolished in this Commonwealth, and it is now sug- 


eested that a further step be taken, in thus providing 


'- that the interests of those entitled shall be in fee in 


-both realty and personalty. However venerable the 


s origin of the present law may have been, the Commis- 
- sioners think that the difference has now become purely 
> arbitrary and produces an artificial inequality. Itis a 


pure accident whether at the moment of a man’s death 


- his property consists of lands or stocks and bonds, of 
~ ground rents issuing out of land or mortgages secured 
» upon lands; all these are merely forms of property and 
~ the rights of heirs and next of kin should not be af- 


fected by matters of accident rather than of substance. 


| Land, owing chiefly to its characteristic of immobility, 
“> may properly, and indeed sometimes must, be subject 


- to different rules from personalty in such matters as 


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4 


the method of taxation or conveyance, the regulation of 
liens, mortgages or pledges; but in such cases there is 
an inherent reason for the difference, which finds no 
place in a logical plan of inheritance or succession. 
We, therefore, recommend to the Legislature that al] 
property where the owner dies intestate shall descend 
or be distributed according to one system. This, in the 
words of a distinguished legal scholar, Frederic W. 
Maitland, ‘‘is what a civilized jurisprudence requires, 
and here as always scientific jurisprudence is on the 
side of convenience and common sense.’’ 

The second important change which the Commission- 
ers recommend is that the reciprocal rights of husband 
and wife in each other’s intestate estate should be the 
same. Under the present law, the widow, if there be 
no issue, takes one-half of the real estate for life and 
one-half of the personal estate absolutely, and in addi- 
tion, under the recent Act of April 1, 1909, P. L. 87, 
) Stew. Purd. 6476, five thousand dollars in real or per- 
sonal estate as she may elect, before the division of the 
remainder of the estate. If there be issue, the widow 
takes one-third of the real estate for life and one-third 
of the personal estate absolutely. The surviving hus- 
band, on the other-hand, if there be no issue takes all 
his wife’s real estate for life as tenant by the curtesy, 
and all the personal estate absolutely, while if there be 
issue the husband divides the personal estate with the 
children share and share alike, that is he takes a child’s 
share. These provisions are the resultant of the 
gradual growth and changes in our law during many 
years and their complexity is in practice greatly in- 
creased by the different rights given to the surviving 
husband and wife in electing to take against the will 
of the other; the wife having the right to take the 
saine share of her husband’s estate real and personal 
as she would have taken had he died intestate; while 
the surviving husband, in ease he elects to take against 
his wife’s will has not the right to take as in eases of 
intestacy, but may choose either to take the real estate 


4) 


as tenant by the curtesy or the same share of her estate 
as she might take of his estate, in case she took against 
his will. There is no apparent reason why the recipro- 
cal rights of husband and wife in each other’s intestate 
estate should be so different, and the Commissioners 
are of opinion that they should be simplified; that there 
should be given to the surviving husband or wife, in 
case of intestacy, the same right in the estate, real and 
personal, of the other, and the same right in eases of 
testacy, to take under the intestate law. The Commis- 
sioners have embodied such a provision in their draft 
of the new Wills Act submitted herewith, and it is sug- 
gested that these changes will reduce our law upon the 
subject to a symmetrical and harmonious plan. 

While thev are not so fundamental, other changes 
are recommended which deserve particular notice. 

In Section 1 (a), it is provided that where an intes- 
tate leaves a surviving spouse and issue one child only, 
or descendants of one child, the spouse shall take one- 
half instead of one-third of the estate. . 

In Section 2, the special allowance of $5000 to a sur- 
viving spouse where there is no issue is restricted to 
the case of actual intestacy, and no longer applies when 
the surviving spouse elects to take against the will. 
The procedure for the appraisement and setting apart 
of the property specially allowed is defined with 
ereater exactness than under existing laws. 

In Section 4, the rights of a surviving husband in 
remainder estates vested in his deceased wife are ex- 
tended so as to be uniform with those of a surviving 
wite. | 

In Section 9, the distinction in the inheritance of real 
estate between the whole and half blood is abolished; 
and in Section 13 the rule at present surviving in some 
eases as to. the restriction of inheritance to persons of 
the blood of the first purchaser is likewise abolished. 

In Section 15, the right of inheritance in cases of 
illegitimacy is extended to the maternal grandfather, 
and illegitimate children are legitimated by the mar- 


6 


riage of their parents without the present require- 
ment of cohabitation. | 

In Section 16, the rights of adopted children are more 
accurately defined in accordance with the present legis- 
lative policy. 

In Section 23, it is provided that no murderer shall 
inherit from the person whom he has killed—the pres- 
ent law on this subject seeming to the Commissioners 
to be opposed to the sentiments of morality. 

Both this and the proposed Wills Act are made 
operative only upon the estates of persons dying on or 
after a day named, subsequent to the approval of the 
Acts. 


Wits Act. 


The present law on this subject has proved so satis- 
factory that the Commissioners have recommended 
few changes of a fundamental nature. The law how- 
ever has been codified, revised, and arranged in logical 
form. Some important changes should, however, be in- 
dicated. 

In Section 2, it is provided that the presence of dis- 
positive words after the signature of a testator shall 
not, even if they are written before the execution of the 
instrument, invalidate that which precedes the signa- 
ture. 

In Section 6, the period before death when a will for 
religious or charitable uses may be executed has been 
made thirty days instead of a calendar month. 

In Section 8, the appointment of testamentary 
guardians is regulated and the rights of father and 
mother rendered more uniform. 

In Section 15, the law on the subject of lapsed lega- 
cies and devises has been revised and the phraseology 
of existing statutes amended, especially in cases where 
the lapse occurs in the residuary clause or bequest and 
an intestacy results under the present law. According 
to the revised act, the lapsed share will pass to the 
other residuary legatees or devisees. 


T 


In Section 16, the rights of adopted children are ex- 
tended to cases of a general devise or legacy to children 
when the contrary intention does not appear by the 
will. 

In Section 17, provision is made for the payment of 
pecuniary legacies from real estate not specifically de- 
vised, when no contrary intention appears in the will. 

In Section 18, it is provided that a devise of mort- 
gaged real estate shall in all cases be subject to the 
mortgage and that the mortgage shall not be paid from 
the personal estate in the absence of a direction to that 
effect. 

In Section 19, it is provided that in the case-of so- 
called spendthrift trusts, the income of the cestui que 
trust shall, notwithstanding, be lable for the support 
and maintenance of his wife and minor children. 

In Section 21, it is provided that the marriage of a 
testatrix shall operate to revoke her will only pro tanto 
and not absolutely, thus rendering the law uniform 
with that regulating the subject in the case of men. | 

In Section 22, corresponding to Section 23 of the 
Intestate Act, it is provided that no murderer shall be 
entitled to take under the will of the person whom he 
has killed. 

In Section 23, the rights of a surviving husband and 
wife, electing to take against the will of the deceased 
spouse, are made uniform, as has already been indi- 
eated in the Preliminary Note to the Intestate Act; and 
the procedure relative to such election has been re- 
vised and defined with greater particularity. 


Fipuctaries Act. 


In this voluminous Act, the Commissioners have en- 
deavored to arrange in one connected and systematic 
statute the law relating to the administration and dis- 
tribution of the estates of decedents and of minors, 
and of trust estates, and particularly the jurisdiction, 
powers and procedure of the orphans’ court relative to 
fiduciaries. 


8 


The intricacy of the subject is greater than anyone 
will readily believe who has not taken the trouble to 
examine it himself; and the labors of the Commission- 
ers have been principally directed to the revision and 
consolidation of existing statutes and the repeal of 
those that have become obsolete, rather than to the in- 
troduction of novel legislation. The changes recom- 
mended are for the most part designed to simplify and 
harmonize the procedure, which, in many instances, has 
become complicated by the passage of numerous 
statutes relating to specific matters of detail. 

In Section 6, the Commissioners have revised the law 
relative to the estates of persons presumed to be dead 
on account of absence for seven years or more from 
their last domicile, a subject that has become very 
complicated by the numerous statutes which have been 
adopted in the past thirty years, and stands in great 
need of revision. 

In Section 11, a method of compelling the filing of an 
inventory has been provided, and the fees of apprais- 
ers of decedents’ estates have been regulated. 

In Section 12, the widow’s and children’s exemption 
has been increased from $800 to $500, and the whole 
procedure regulated. 

In Section 14, the rents of real estate accruing after 
the death of the owner have been made assets for the 
payment of his debts, when the personal estate is in- 
sufficient, and the procedure has been regulated. 

In Section 15, the hen of decedents’ debts has been 
shortened from two years to one year unless continued 
by proper proceedings, and the law as to judgments 
against decedents and their representatives has been 
revised. 

Section 16 contains the statute law relative to sales 
and mortgages of real estate for the payment of debts. 
Very little change 1s made, but the phraseology has 
been altered and the provisions of the law re-arranged 
in more symmetrical order. Sales for payment of debts 
are now governed by several Acts of Assembly, some 


9 


of the provisions of which are obsolete or inappro- 
priate to present conditions. The procedure is regu- 
lated and the law as to confirmation of sales and the 
discharge of liens is particularly provided for. 

In Section 18, the procedure in cases of contracts of 
decedents for the sale or purchase of real estate is more 
clearly regulated. 

In Section 21, the law on the subject of interest on 
legacies is defined, particularly in reference to interest 
on legacies bequeathed in trust. 

In Section 22, the Commissioners recommended a 
general rule upon the subject of apportionment of all 
periodical payments directed by will. 

In Section 23, a change is recommended where there 
is a bequest of personal property or the proceeds of 
real estate for life and the life tenant does not enter 
security, in consequence of which a trustee is ap- 
pointed. Such trustee, according to the revised act, 
undertakes only the usual responsibility of a trustee 
and is not to be considered as an insurer of the fund. 

In Section 24, the jurisdiction of the orphans’ court 
for the collection or enforcement of all legacies 1s made 
exclusive. 

In Section 31, the power of testamentary trustees 
and guardians to lease real estate is extended and reg- 
ulated. 

In Section 32, elections by fiduciaries in behalf of 
their wards or cestuis que trust are provided for. 

In Section 40, the orphans’ court is empowered to 
authorize fiduciaries to settle or compromise litigation 
or disputes. 

In Section 41, the power of fiduciaries to invest trust 
funds is extended. 

In Section 42, more extensive powers are given to 
fiduciaries to incorporate or join in the incorporation 
of their decedents’ business. 

In Section 46 and other sections, the term for the 
settlement of a decedents’ estate is shortened to six 
months instead of one year from the date of the grant 


10 


of letters testamentary or of administration; and in the 
same section power is expressly given to the orphans’ 
court to have examined the assets of estates in the 
hands of fiduciaries. The Commissioners have also 
provided for express notice of the filing of accounts to 
be given to all persons who claim to be interested. 

In this section the law is made more specific as to 
the place where trustees’ accounts should be filed; and 
the jurisdiction over testamentary trustees is made ex- 
elusive in the orphans’ court. 

In Section 49, more specific provisions are made as 
to distribution of estates. 

In Section 53, the law as to the removal of fiduciaries 
is codified and revised, and summary power is given to 
the court in cases that seem to require it. 

In Section 58, the powers of foreign fiduciaries are 
revised. 

In Section 59, the law on the subject of the appoint- 
ment of guardians is recast and codified. 

In Section 60, the law on the subject of trustees 
durante absentia is revised in connection with the law 
as to the estates of presumed decedents. 


Partition ACT. 


None of the subjects considered by the Commission- 
ers have needed revision more than that of partition. 
The Acts of Assembly relating to this are numerous 
and complicated, and the Commissioners have experi- 
enced no little difficulty in their revision. 

In Sections 2 and 3 of the Act as reported, express 
provision is made for a citation and notice to the 
parties interested before an inquest is awarded. 

In Section 5, and in other sections of the act, more 
liberal provision 1s made for the service of citations 
or notices to parties resident outside of the common- 
wealth. 

In Section 6, it is provided that the sheriff’s inquisi- 
tion shall consist of three men, corresponding with the | 
number of commissioners. 


11 


In Section 7, the fees of commissioners and jurors 
are regulated. 

In Section 18, it is provided that the allotment of 
purparts among the parties entitled shall be in accord- 
ance with seniority of age, in order to establish a uni- 
form method in all cases. 
~ In Section 438, an appeal is authorized from the de- 
eree of the court awarding an inquest, which under the 
present law is held to be interlocutory only. 


Revisep Price Act. 


The Act of April 18, 1853, P. L. 508, commonly called 
the Price Act, from the name of its draftsman, has 
been extremely beneficial in its results and no funda- 
mental changes have been considered necessary. It 
has, however, been amended by numerous statutes, and 
the Commissioners have endeavored in this revision to 
arrange its provisions in more symmetrical order and 
to consolidate in it the changes that have been made 
from time to time. The notes that have been annexed 
to the several sections in the revised act as now re- 
ported sufficiently indicate the changes that have been 
made in phraseology and those that are due to amend- 
ments. 


REGISTER OF Wiis Act. 


In Section 5, the power of the Register to revoke let- 
ters of administration in stated, in accordance with the 
existing law. 

In Section 8, an additional remedy is provided where 
any person having in his possession or under his con- 
trol a testamentary paper conceals or withholds the 
same. | 

In Section 9, the Register is given additional power 
to subpoena witnesses. 

In Section 16, the probate of a will or the refusal to 
probate it by a Register is made conclusive unless an 
appeal be taken within two years instead of three as 


12 


the present law provides, and the remedy is expressly 
limited to an appeal from the register’s decree. 

In Section 18, provision is made for the removal of 
contested will cases from the Register’s office to the 
orphans’ court, in order to avoid the delays that some- 
times occur under the present practice. 

In Section 21 (a), it is provided that appeals from 
all the judicial acts of the Register must be taken 
within two years, and that the period may be limited 
to six months in case of those parties who have actual 
notice by citation. 


OrpHANS’ Court Act. 


In revising the statutes relative to the orphans’ court 
the Commissioners have not found it necessary or con- 
sidered it advisable to recommend any changes of seri- 
ous importance in its jurisdiction or procedure. 

In Section 18 (a), 3 and 5, the writ of fi. fa. issued 
out of the orphans’ court has been limited to personal 
property; and in Section 18 (e), provision has been 
made for filing in the court of common pleas tran- 
scripts of orders of the orphans’ court for payment of 
money by others than fiduciaries, and for executions 
thereon against real property. 

In Section 20 (b) and (d), the powers of the Court 
in connection with the taking and perpetuation of testi- 
mony are revised and enlarged. 

In Section 20 (e) 1, the Commissioners have inserted 
a provision which is understood to conform with the 
prevailing practice, according to which on appeals from 
the Register of Wills the proceedings shall be de novo 
unless by agreement the appeal be heard on the testi- 
mony taken before the Register; the court having the 
right, however, to require the production of witnesses. 

In several sections the court is given enlarged 
powers with respect to the service of citations and 
notices to parties interested in estates, and to those 
amenable to the jurisdiction of the court, including at- 
tachments to enforce obedience to its orders. 


13 


In general, the method of giving notices to persons 
interested has been left to be fixed by general rules 
of court or special orders in particular cases, the Com- 
missioners considering that fixed statutory regulations 
are often inappropriate. 


The foregoing is a verbatim extract from the Report of 
the Commissioners, Hon. John Marshall Gest, Hon. Thos. J. 
Baldridge, and Hon. George E. Alter, to the General Assem- 
bly of the Commonwealth of Pennsylvania, dated February 
eats 


14 


INTESTATE ACT. 
An Act. 


Relating to the descent and distribution of the real and 
personal property of persons dying intestate, and to 
provide for the recording and registering of the de- 
crees of the orphans’ court in connection therewith 
and the fees therefor. 


Secrion 1. Be it enacted by the Senate and House 
of Representatives of the Commonwealth of Pennsyl- 
vania in General Assembly met, and it is hereby en- 
acted by the authority of the same, That the real and 
personal estate of a decedent, whether male or female, 
remaining after payment of all just debts and legal 
charges, which shall not have been sold, or disposed of 
by will, or otherwise limited by marriage settlement, 
shall be divided and enjoyed as follows: namely,— 

(a) Where such intestate shall leave a spouse sur- 
viving and one child only, or shall leave a spouse sur- 
viving and no children but shall leave descendants of 
one deceased child, the spouse shall be entitled to one- 
half part of the real and personal estate. 

(6) Where such intestate shall leave a spouse sur- 
viving and more than one child, or one child and the 
descendants of a deceased child or children, or the de- 
scendants of more than one deceased child, the surviv- 
ing spouse shall be entitled to one-third part of the real 
and personal estate. 

Section 2 (a@) Where such intestate shall leave a 
spouse surviving and other kindred, but no issue, the 
surviving spouse shall be entitled to the real or per- 
sonal estate, or both, to the aggregate value of five 


15 


thousand dollars, in addition, in the case of a widow, 
to the widow’s exemption as allowed by law; and if 
such estate shall exceed in value the sum of five thou- 
sand dollars, the surviving spouse shall be entitled to 
the sum of five thousand dollars absolutely, to be 
chosen by him or her from real or personal estate, or 
both, and in addition thereto, shall be entitled to one- 
half part of the remaining real and personal estate: 
Provided, That the provisions of this clause shall ap- 
ply only to cases of actual intestacy of husband or wife, 
entire or partial, and not to cases where the surviving 
spouse shall elect to take against the will of the de- 
ceased spouse. 

(6) The appraisement and setting apart of the said 
five thousand dollars in value of property shall be made 
by two appraisers, who shall be appointed by the or- 
phans’ court having jurisdiction of the accounts of the 
personal representatives of such intestate, and shall 
be sworn or affirmed to appraise the property which 
the surviving spouse shall choose under the provisions 
of this act. Hach of such appraisers shall receive, as 
compensation for each day or fraction thereof neces- 
sarily employed in the performance of their duties, the 
sum of two dollars and fifty cents, and such additional 
amount as may be allowed by said court. 

(c) Upon due proof of compliance with such re- 
quirements as to notice, by advertisement or otherwise, 
as may be prescribed by the orphans’ court by general 
rule or otherwise, such court may confirm such ap- 
praisement and set part such personal or real estate, 
or both, to the surviving spouse, subject to claims of 
creditors of the decedent and to the hen of debts of 
the decedent. 

(d) Whenever the surviving spouse of any intestate 
shall claim the said five thousand dollars in value, or 
any part thereof, under the provisions of this act, out 
of real estate left by said intestate, and the real estate 
appraised cannot be divided so as to set apart the 
amount so claimed in value without prejudice to or 
* BY ACT OF JULY 12, 1917, AMENDED TO READ: 

PROVIDED, That the provisions of this clause AS TQ 


SAID FIVE THOUSAND DOLLARS IN VALUE soall apply 
only to cases of actual intestacy of husband or wife, . 
entire or partial, and rot to cases where the surviving 
spouse spall elect to take against the will of the de- 


ceased spouse. 


16 


spoiling the whole or any parcel of said real estate, 
and the appraisers shall appraise and value the same 
at any sum exceeding the amount so claimed, it shall 
be lawful for the orphans’ court, to which such appli- 
cation shall be made, to confirm such appraisement, and 
to set apart for the use of the surviving spouse such 
real estate, conditioned, however, that the said surviv- 
ing spouse shall pay the amount of the valuation or 
appraisement in excess of the amount so claimed within 
one year from the date of confirmation of such valua- 
tion. If the said surviving spouse shall refuse to take 
the real estate at such appraisement, or shall fail to 
make payment as above provided, the court, on appli- 
cation of any person interested, shall direct the ex- 
ecutor or administrator to sell the same, and the pro- 
cedure in such case shall be the same as is provided 
bv law in case of sales of real estate for the payment 
of debts of a decedent. 

(ce) The real estate, if taken by the surviving spouse 
as aforesaid, shall vest in him or her and his or her 
heirs or assigns upon his or her paying the surplus 
over and above the sum of five thousand dollars or 
such part thereof as may be claimed out of the real 
estate to the parties entitled thereto. Where the real 
estate is sold as provided in clause (d) of this section, 
the sum of five thousand dollars or such part thereof 
as may be claimed out of the real estate shall be paid 
out of the purchase money to the surviving spouse, and 
the balance, after payment of costs and expenses, shall 
be distributed to the heirs, or other persons legally en- 
titled thereto. 

(/) In all cases where the appraisement of prop- 
erty, real or personal or both, is confirmed and the 
property set apart to the surviving spouse under the 
provisions of this section, said surviving spouse shall 
be entitled to receive for his or her own use the net 
rents, income, interest and dividends thereof from the 
date of the death of such intestate. Where the prop- 
erty set apart shall consist of real estate appraised at 


a 


dig) 


a sum in exeess of five thousand dollars or such part 
thereof as may be claimed out of the real estate, and 
the surviving spouse shall fail to pay the excess over 
the amount so claimed as provided in clause (d) of this 
section, and the property shall thereupon be sold, there 
shall be deducted from the sum to be paid to said sur- 
viving spouse out of the proceeds of such sale a pro- 
portionate part of the rents and income of such real 
estate received by such surviving spouse. 

(g) Whenever the surviving spouse of any intestate 
shall claim the said five thousand dollars in value, or 
any part thereof, under the provisions of this section, 
out of real estate left by said intestate and lving in any 
county of this state other than the county wherein said 
intestate shall be domiciled at the time of his or her 
death, and the orphans’ court having jurisdiction of 
the accounts of the personal representatives of said 
intestate shall be satisfied, upon petition filed, of the 
propriety of allowing such claim the court may make a 
decree authorizing such surviving spouse to file his or 
her petition in the orphans’ court of the county wherein 
such real estate may le, or, in a case where the real 
estate is divided by a county line, in the county where 
the mansion house may be situated, or, if there be no 
mansion house, in the county where the principal im- 
provements may be, or, if there be no improvements, in 
either county, praying for the appointment of two ap- 
praisers. 

Upon the filing of such petition, duly verified, the 
latter court shall appoint such appraisers, who shall 
be duly sworn or affirmed, and shall appraise said real 
estate, and shall be compensated as provided in clause 
(b) of this section; and proceedings shall thereupon be 
had in said court and subject to its supervision and 
control, in the same manner and with the same effect 
as is provided in clauses (c), (d), (e), and (f) of this 
section. In every such case a certified copy of the 
decree confirming such appraisement, or of such decree 
of sale and the confirmation thereof, as the case may 


18 


be, shall forthwith be filed with the clerk of the or- 
phans’ court having jurisdiction of the accounts of the 
personal representatives of said intestate. 

The court having jurisdiction of the accounts shall 
in all cases have exclusive jurisdiction of the distribu- 
tion of the surplus paid by such surviving spouse, or of 
the proceeds of such sale, after the payment of costs 
and expenses, as the case may be. 

(1) In all eases where a decree shall be entered by 
any orphans’ court confirming an appraisement of real 
estate and setting apart the same for the use of the sur- 
viving spouse, a certified copy of such decree shall be 
recorded in the office of the recorder of deeds of each 
county where such real estate shall le, in the deed 
book, and shall be indexed by the recorder in the 
erantors’ index under the name of the decedent, and in 
the grantees’ index under the name of the surviving 
spouse, and shall be registered in the survey bureau, 
or with the proper authorities empowered to keep a 
register of real estate, if any there be, in said county; 
and the charges for recording and registering shall be 
the same as are provided by law for similar services, 
and shall be paid by said surviving spouse. 

Section 3. The shares of the estate directed by this 
act to be allotted to the widow shall be in lieu and full 
satisfaction of her dower at common law so far as re- 
lates to land of which the husband died seised; and 
her share in lands aliened by the husband in his life- 
time without her joming in the conveyance shall be the 
same as her share in lands of which the husband died 
seised. The widow shall be entitled to the same share 
in an estate in remainder vested in interest in the hus- 
band during his lifetime, although the particular estate 
shall not terminate before the death of the husband. 

Section 4. The shares of the estate directed by this 
act to be allotted to the surviving husband shall be in 
heu and full satisfaction of his curtesy at common law. 
The surviving husband shall be entitled to the same 
share in an estate in remainder vested in interest in 


19 


the wife during her lifetime as in property of which she 
dies seised, although the particular estate shall not 
terminate before the death of the wife. 

Section 5. No husband who shall have, for one year 
or upwards previous to the death of his wife, wilfully 
neglected or refused to provide for his wife, or shall 
have, for that period or upwards, wilfully and malic- 
iously deserted her, shall have the right to claim any 
title or interest in her real or personal estate after her 
decease, under the provisions of this act. 

Gnethen 6. No wife who shall have, for one year or 
upwards, previous to the death of her husband, wil- 
fully and maliciously deserted her husband, shall have 
the right to claim any title or interest in his real or 
personal estate after his decease, under the provisions 
of this act. | 

Section 7. The real and personal estate of such 
intestate, not hereinbefore given to the surviving 
spouse, if any there be, shall descend to and be distrib- 
uted among his or her issue, according to the following 
rules and order of succession, namely,— 

(a) If such intestate shall leave children, but no 
other descendant, being the issue of a deceased child, 
the estate shall descend to and be distributed among 
such children. 

(b) If such intestate shall leave grandchildren but 
no child or other descendant, being the issue of a de- 
ceased grandchild, the estate shall descend to and be ~ 
distributed among such grandchildren. | 

(c) If such intestate shall leave descendants in other 
degrees of consanguinity, however remote from him, 
and all in the same degree of consanguinity to him, the 
estate shall descend to and be distributed among such 
descendants. 

(d) If such intestate shall leave descendants in dif- 
ferent degrees of consanguinity to him, the more re- 
mote of them being the issue of a deceased child, grand- 
child or other descendant, the estate shall descend to 
and be distributed among them as follows, namely,— 


20 


1. Each of the children of. such intestate shall re- 
ceive such share as such child would have received if 
all the children of the intestate who shall then be dead, 
leaving issue, had been living at the death of such intes- 
tate. 

2. Each of the grandchildren, if there shall be no 
children, in like manner, shall receive such share as he 
or she would have received if all the other grandchil- 
dren who shall then be dead, leaving issue, had been 
living at the death of the intestate, and so in like man- 
ner, to the remotest degree. 

3. In every such case, the issue of such deceased 
child, grandchild or other descendant, shall take, by 
representation of their parents respectively, such 
shares only as would have descended to such parents, 
if they had been living at the death of the intestate. 

Section 8. In default of issue as aforesaid, the real 
and personal estate of such intestate, not hereinbefore 
given to the surviving spouse, if any there be, shall go 
to and be vested in the father and mother of such in- 
testate, or 1f either the father or mother be dead at the 
time of the death of the intestate, the parent surviving 
shall take such real and personal estate. 

Section 9. In default of issue, father and mother, 
the real and personal estate of such intestate, not here- 
inbefore given to the surviving spouse, if any there be, 
shall descend to and be distributed among the collat- 
eral heirs and kindred of such intestate, without dis- 
tinction between those of the whole and those of the 
half blood, according to the following rules and order 
of succession, namely,— 

(a) If such intestate shall leave brothers and sisters, 
or either, and no nephew or niece, or child of a de- 
ceased nephew or niece, being the issue of a deceased 
brother or sister, the real and personal estate shall de- 
scend to and be distributed among such brothers and 
sisters. 

(6) If such intestate shall leave neither brother nor 
sister, and no child of any deceased nephew or niece, 


a 
being the issue of a deceased brother or sister, but 
nephews or nieces, being the children of such deceased 
brother or sister, the real and personal estate shall de- 
scend to and be distributed among such nephews and 
nieces. 

(c) If such intestate shall leave neither brother nor 
sister, nor any nephew or niece, being the child of such 
deceased brother or sister, but children of deceased 
nephews or nieces, the real and personal estate shall 
descend to and be distributed among such children of 
deceased nephews or nieces. 

(d) If such intestate shall leave brothers or sisters 
and nephews or nieces, being children of a deceased 
brother or sister, and children of deceased nephews or 
nieces, being issue of deceased brothers and sisters, or 
shall leave members of any two of these three classes, 
the real and personal estate shall descend to and be 
distributed among such brothers and sisters, nephews 
and nieces, and children of deceased nephews and 
nieces, as follows; namely: 

Each brother and sister shall receive such share as 
he or she would have received if all the brothers and 
sisters who died before the intestate leaving children 
or children of deceased children surviving the intestate 
had been living at the death of the intestate. 

Each nephew and niece, if the intestate shall leave 
any brother or sister, shall receive an equal portion of 
the share which his or her parent would have taken 
if then living, which portion shall be what he or she 
would have taken if all the children of his or her parent 
who died before the intestate leaving children surviv- 
ing the intestate had been living at the death of the in- 
testate; but if such intestate shall leave neither brother 
nor sister, the nephews and nieces shall take per capita. 

Hach child of a deceased nephew or niece, whether 
the intestate shall leave members of one or both of the 
other classes, shall receive an equal portion of the 
share which his or her parent would have received if 
living at the death of the intestate. 


22 


Section 10. In default of all persons hereinbefore 
described, the real and personal estate of the intestate 
shall descend to and be distributed among the grand- 
parents or descendants of deceased grandparents of 
such intestate, and in default thereof to and among the 
next of kin to such intestate. 

Section 11. The grandchildren of brothers and sis- 
ters and the children of uncles and aunts shall be en- 
titled to take by representation the shares of real and 
personal estate which their parents would have taken if 
living; but, except as hereinafter provided, there shall 
be no repre onaticn admitted among collaterals after 
the grandchildren of brothers and sisters and the chil- 
dren of uncles and aunts. 


Section 12. [f the next of kin of an intestate,. en- 
titled to take under the provisions of this act, shall be 
one or more than one grandparent of such intestate, 
and there shall be living, at the time of the decease of 
such intestate, children or other descendants of any 
deceased grandparent, then the children or other de- 
scendants of any such deceased grandparent shall rep- 
resent the grandparent so deceased, and shall take the 
share of real or personal estate to which such de- 
ceased grandparent would be entitled if living. 

The issue of any such deceased grandparent shall 
take according to the following rules me succession, 
namely, 


(a) If there be only children of such deceased grand- 
parent, the share of such deceased grandparent shall 
descend to and be distributed among such children. 


(b) If there be grandchildren of such deceased 
grandparent and no other descendants, being children 
of a deceased grandchild, and no child, the share of 
such deceased grandparent shall descend to and be dis- 
tributed among such grandchildren. 

(c) If there be descendants of such deceased grand- 
parent in any other degree however remote from him, 
and all in the same degree of consanguinity to him, the 


23 


share of such deceased grandparent shall descend to 
and be distributed among such descendants. 


(d) If there be descendants of such deceased grand- 
parent in different degrees of consanguinity to him, the 
more remote of them being the issue of a deceased 
child, grandchild or other descendant, the share of 
such deceased grandparent shall descend to and be dis- 
tributed among them as follows, namely,— 


1. Each of the children of such deceased grand- 
parent shall receive such share as such child would 
have received if all the children of such deceased 
~ grandparent, who shall then be dead leaving issue, had 
been living at the death of the intestate. 


2. Kach of the grandchildren, if there shall be no 
children of such deceased grandparent, in like manner 
shall receive such share as he or she would have re- 
ceived if all the other grandchildren, who shall then be 
dead, leaving issue, had been living at the death of the 
intestate, and so in like manner to the remotest degree. 


3. In every such case, the issue of such deceased 
child, grandchild or other descendant of such deceased 
erandparent shall take, by representation of their 
parents respectively, such share only as would have 
descended to such parents, if they had been living at 
the death of the intestate. 


Section 13. In all cases where, under the provisions 
of this act, the real estate shall descend to and the per- 
sonal estate shall be distributed among the next of 
kin of an intestate, the real as well as the personal 
estate shall pass to and be enjoyed by such next of kin, 
without regard to the ancestor or other relation from 
whom such estate may have come, it being the true 
intent and meaning of this act that the rule excluding 
from the inheritance of real estate persons not of the 
blood of the ancestor or other relation from whom such 
real estate descended, or by whom it was given or de- 
vised to the intestate, be abrogated, and that the heir 


24 


at common law shall not take, in any case, to the exclu- 
sion of other heirs and kindred standing in the same 
degree of consanguinity with him to the intestate. 

Section 14. Except as otherwise provided in Section 
15, the foregoing provisions of this act relative to de- 
scent and distribution of real and personal estate 
among the heirs and next of kin of intestates shall be 
construed to mean such persons only as may have been 
born in lawful wedlock. 

Section 15 (a) The mother of an illegitimate child, 
her heirs and next of kin, the maternal grandfather 
and grandmother of said illegitimate child, and said 
ulegitimate child, its heirs and next of kin, shall have 
capacity to take or inherit from each other personal 
estate as next of kin, and real estate as heirs, under 
the foregoing provisions of this act, in the same man- 
ner and to the same extent as if said child or children 
had been born in lawful wedlock. 

(b) Every illegitimate child shall be poneiice ed asa 
brother or sister to every other child of its mother, 
legitimate or illegitimate. 

(c) The intent of this section is to legitimate an 
illegitimate child only so far as is provided by clauses 
(a) and (b) hereof. This section is not intended to 
change the existing law with regard to the father of 
such a child, and his heirs and next of kin. 

(d) In any and every case where the father and 
mother of an illegitimate child or children shall enter 
into the bonds of lawful wedlock, or shall heretofore 
have entered into the bonds of lawful wedlock, such 
child or children shall be legitimated for all purposes 
of inheritance by, from or through such child or chil- 
dren, under the provisions of this act, as if he or they 
had been born during the wedlock of his or their 
parents. 

Secrion 16 (a@) Any minor or adult person adopted 
according to law and the adopting parent or parents 
shall, Seneca inherit and take by devolution from 
and through each other personal estate as next of kin 


95 


and real estate as heirs, under the provisions of this 
act, as fully as if the person adopted had been born a 
lawful child of the adopting parent or parents. 

(b) The person adopted shall, for all purposes of 
inheritance and taking by devolution, be a member of 
the family of the adopting parent or parents. The 
adoptive relatives of the person adopted shall be en- 
titled to inherit and take from and through such person 
to the exclusion of his or her natural parents, grand- 
parents and collateral relatives, but the surviving 
spouse of such adopted person and the children and 
descendants of such adopted person shall have all his, 
her and their respective rights under this act. Adopted 
persons shall not be entitled to inherit or take from or 
through their natural parents, grandparents or collat- 
eral relatives, but each adopted person shall have all 
his or her rights under this act in the estates of his or 
her spouse, children and descendants. 

Section 17 (a) In default of known heirs or kin- 
dred, competent as aforesaid, the real estate of such in- 
testate shall be vested in the surviving spouse of such 
intestate, if any, and the surviving spouse shall be en- 
titled to the whole of the personal estate. 

(b) If any person shall die, or has died intestate, 
leaving a surviving spouse and no known heirs or 
kindred, such surviving spouse, his or her heirs or legal 
representatives, may, at any time after the expiration 
of one year from the death of such intestate, and after 
final settlement of the administration accounts of such 
intestate, present a petition to the orphan’s court of 
the county wherein any real estate of such intestate 
may lie, or, in the case of personal estate, to the or- 
phan’s court having jurisdiction of said administration 
accounts, setting forth that the said intestate died leav- 
ing no known heirs or kindred and seised or possessed 
of real or personal estate, which, by virtue of this 
act, vested in such surviving spouse. Such petition 
shall be verified by the oath or affirmation of the party 
petitioning, or of some other person knowing the facts. 


26 


Upon the presentation of said petition, the said 
court shall grant a citation to all the heirs or other 
persons interested or claiming any interest in said 
estate, to appear in said court at some time certain and 
show cause why a decree should not be made, ordering 
and directing, in the case of real estate, that the title 
thereto be adjudged to be in such surviving spouse, his 
or her heirs, or, in the case of personal estate, that the 
administrator or administrators of the estate of said 
intestate shall pay over to such surviving spouse, his 
or her legal representatives, the balance of such in- 
testate’s estate in his or their hands. Notice of such 
citation shall be published for such length of time and 
in such manner as the court in its discretion shall think 
proper. 

If, upon the return of the citation and due proof of 
publication thereof, agreeably to the order of the court, 
no heirs or kindred claiming said estate shall appear, 
nor any good cause be shown to the contrary, the court 
shall order and decree as aforesaid, and, in the case 
of real estate, a certified copy of such decree shall be 
recorded in the office of the recorder of deeds of the 
county where said real estate shall lie, in the deed book, » 
and shall be indexed by the recorder in the grantors’ 
index under the name of the decedent, and in the 
grantees’ index under the name of the surviving 
spouse, and shall be registered in the survey bureau, 
or with the proper authorities empowered to keep a 
register of real estate, if any there be, in said county. 
The charges for recording and registering shall be the 
same as are provided by law for similar services. The 
record of such decree shall be deemed and held to be 
prima facie proof of the facts therein set forth with 
like force and effect as the record of a deed; and if, 
upon the return of any such citation, any person or 
persons shall appear in court claiming to be heirs or 
kindred of such intestate, whose rights to the said 
estate shall be disputed by such surviving spouse, his 
or her heirs or legal representatives, then the court 


27 


may direct an issue to determine the matter, or may 
make such order therein as they shall think proper. 

In all cases the decree of such court entered upon 
the failure of any heirs or kindred to appear, or after 
the trial of such an issue, or otherwise, shall not be sub- 
ject to be reopened by said court after the expiration 
of six months from the date of its entry, except as 
hereinafter provided. Any such cause may be re- 
moved by appeal to the supreme court or superior 
court, in the same manner as appeals are now taken 
by law in cases determined in the orphans’ court or 
tried by jury upon issues directed by that court. Where 
the record in such cause is thus removed to an appel- 
late court, the six months’ period within which the 
decree 1s subject to be reopened by the orphans’ court 
shall cease to run until the return of the record from 
the appellate court. 

Section 18. The real estate of such intestate shall 
be vested in the person or persons entitled thereto un- 
der the provisions of this act for such estate as the in- 
testate had therein, and such person or persons shall 
be entitled to the personal estate absolutely. 

_ Srction 19. Wherever real or personal estate shall 
descend to or be distributed among several persons, 
whether lineal or collateral heirs or kindred, standing 
_ in the same degree of consanguinity to the intestate, 
- if there shall be only one of such degree, he shall take 
the whole of such estate, and if there shall be more 
than one, they shall take in equal shares, and if real 
estate, shall hold the same as tenants in common. 

Section 20. Descendants and relatives of an intes- 
tate, begotten before the death of the intestate and 
born thereafter, shall in all cases inherit and take in 
like manner as if they had been born in the lifetime of 
such intestate. ? 

Section 21. All relatives and persons concerned in 
the estate of any intestate who shall not lay legal claim 
to their respective shares of the personal estate within 
seven years of the decease of the intestate, shall be de- 


28 


barred from the same forever: Provided, That if any 
such relative or person shall, at the time of the decease 
of the intestate, be within the age of twenty-one years, 
he or she shall be entitled to receive and recover the 
same, if he or she shall lay legal claim thereto within 
seven years after coming to full age. 


Section 22. If any person, other than a surviving 
spouse, entitled under the provisions of this act to in- 
herit or take real or personal property from such in- 
testate, shall have any estate by settlement of such 
intestate, or shall have been advanced by him in his 
lifetime, either in real or personal estate, the amount 
of such settlement or advancement shall be charged 
against the share of the person who shall have re- 
ceived it, so that the total amount received by him, in- 
cluding the amount of such settlement or advancement, 
shall not exceed the amount received by each of the 
other persons who are equally entitled under the pro- 
visions of this act to inherit or take from said intes- 
tate. 


Section 23. No person who shall be finally adjudged 
eulty, either as principal or accessory, of murder of 
the first or second degree, shall be entitled to inherit 
or take any part of the real or personal estate of the 
person killed, as surviving spouse, heir or next of kin 
to such person under the provisions of this act. 

Section 24. In default of all such known heirs or 
kindred, or surviving spouse, competent to take as 
aforesaid, the real and personal estate of such intes- 
tate shall go to and be vested in the commonwealth by 
escheat. | 

Section 25. Nothing in this act contained, relative 
to a distribution of personal estate among kindred, 
shall be construed to extend to the personal estate of 
an intestate whose domicile, at the time of his death, 
was out of this commonwealth. 


Scotion 26. This act shall be known and may be cited 
as the Intestate Act of 1917. 


29 


Section 27. This act shall take effect on the thirty- 
first day of December, nineteen hundred and seven- 
teen, and shall apply to the estates, real and personal, 
of all persons dying intestate on or after said day. 
As to the estates, real and personal, of all persons 
dying before that day, the existing laws shall remain 
in full force and effect. 

Section 28. This Act of Assembly is intended as an 
entire and complete system for the descent and dis- 
tribution of the estates, real and personal, of persons 
dying intestate. The following acts and parts of acts 
of assembly are hereby repealed as respectively indi- 
cated, but so far only as relates to the estates, real and 
personal, of any person or persons dying intestate on 
or after the thirty-first day of December, nineteen hun- 
dred and seventeen. The repeal of the first section 
of an act shall not repeal the enacting clause. 

Sections 3 to 13 inclusive and 18 of an act entitled 
‘*An Act directing the descent of intestates’ real es- 
tates, and distribution of their personal estates, and 
for other purposes therein mentioned,’’ passed April 
19, 1794, 3 Sm. L. 148, absolutely. 

Sections 5, 6 and 7 of an act entitled ‘‘An Act sup- 
plementary to the act, entitled ‘An Act directing the 
descent of intestates’ real estates, and distribution of 
their personal estates, and for other purposes therein 
mentioned’ ’’ passed April 4, 1797, 3 Sm. L. 296, abso- 
lutely. 

An act entitled ‘‘An Act for the settlement of the 
estates of intestates, where some of the heirs reside 
out of the state,’’ approved March 13, 1815, P. L. 178, 
absolutely. 

An act entitled ‘‘An Act relative to escheated es- 
tates,’’ approved January 21, 1819, P. L. 25, abso- 
lutely. 

An act entitled ‘‘A supplement to an act entitled 
‘An Act relative to escheated estates,’ passed the 
twenty-first of January, eighteen hundred and nine- 
teen,’’ approved April 6, 1833, P. L. 207, absolutely. 


30 


An act entitled ‘‘An Act relating to the descent and 
distribution of the estates of intestates,’’ approved 
April 8, 1833, P. L. 315, absolutely. 

Section 9 of an act entitled, ‘*A supplement to an 
act, entitled ‘An Act relative to the LeRaysville Pha- 
lanx,’ passed March, Anno Domini one thousand eight 
hundred and forty-seven, and relative to obligors and 
obligees, to secure the right of married women, in re- 
lation to defaleation, and to extend the boundaries of 
the borough of Ligonier,’’ approved April 11, 1848, 
P. [.. 536, in so far as it relates to the distribution of 
the personal estate of a deceased married woman, and 
section 10 of said act, absolutely. 

Section 2 of an act entitled ‘‘ An Act to amend cer- 
tain defects of the law for the more just and safe trans- 
mission and secure enjoyment of real and personal 
estate,’’ approved April 27, 1855, P. L. 368, absolutely, 
and section 3 of said act in so far as it relates to inher- 
— itance. 

Section 5 and the proviso to Section 7 of an act en- 
titled ‘‘An Act relating to certain duties and rights 
of husband and wife, and parents and children,’’ ap- 
proved May 4, 1855, P. L. 480, absolutely. 

An act entitled ‘‘ An Act to legitimate children born 
out of lawful wedlock,’’ approved May 14, 1857, P. L. 
007, in so far as it relates to inheritance. 

An act entitled ‘‘An Act permitting illegitimates to 
inherit from each other in certain ecases,’’ approved 
June 9, 1883, P. L. 88, absolutely. | 

An act entitled ‘‘ An act to facilitate the proof and 
record of the title of real estate vested in the heirs of 
certain intestates,’’ approved June 20, 1883, P. L. 131, 
absolutely. 

An act entitled ‘‘An Act providing for the manner 
in which estates of intestates shall be distributed, 
where the distributees stand in the same degree of 
consanguinity to the intestate,’? approved June 30, 
1885, P. L. 251, absolutely. 


OL 


An act entitled ‘‘An Act relating to the mode of 
inheriting from, through, or by, a child or children 
adopted according to law, and being a supplement to 
an act, entitled ‘An Act relating to certain duties of 
husband and wife, and parents and children,’ approved 
the fourth day of May, one thousand eight hundred and 
fifty-five,’’ approved April 13, 1887, P. L. 53, abso- 
lutely. 

The proviso to Section 1 of an act entitled ‘‘ An Act 
amending section seventh of an act, entitled ‘An Act 
relating to certain duties and rights of husband and 
wife, and parents and children,’ approved the fourth 
day of May, Anno Domini one thousand eight hundred 
and fifty-five, providing that married men or women, 
in case of drunkenness or profligacy of husbands or 
wives, may consent to the adoption of their children,”’ 
approved Mav 19, 1887, P. L. 125, absolutely. 

An act entitled ‘‘An Act relating to estates of in- 
testates, providing that children and descendants of 
deceased grand-parents shall represent such deceased 
grand-parents whenever grand-parents are entitled as 
next of kin to intestates,’’ approved May 25, 1887, P. 
L. 261, absolutely. 

The first proviso to Section 1 of an act entitled ‘‘ An 
Act relating to the adoption of any person as an heir,’’ 
approved May 9, 1889, P. lL. 168, absolutely. 

An act entitled ‘*‘An Act to amend the third section 
of the act, entitled ‘An Act to amend certain defects 
of the law for the more just and safe transmission and 
secure enjoyment of real and personal estate’ approved 
the twenty-seventh day of April, Anno Domini one 
thousand eight hundred and fifty-five, providing that 
legitimate children shall take their mother’s name, 
and she and her mother, and they and their issue, 
shall be capable to take or inherit from each other,’’ 
approved June 14, 1897, P. L. 142, in so far as it re- 
lates to inheritance. 

An act entitled ‘‘An Act to allow legitimate and 
illegitimate children, born from the same mother, dying 


o2, 


without children, to inherit real and personal property 
from each other, in exclusion to the grandmother of 
the illegitimate child or children, as though they had 
been born in lawful wedlock,’’ approved June 10, 1901, 
P. L. 551, absolutely. 

Sections 2, 3 and 4 of an act entitled ‘‘An Act to 
regulate and define the legal relations of an illegiti- 
mate child, or children, its or their heirs, with each 
other and the mother and her heirs,’’ approved July 
10, 1901, P. L. 639, absolutely. 


An act entitled ‘‘An Act to amend an act, entitled 
‘An Act to regulate and define the legal relations of 
an illegitimate child or children, its or their heirs with 
each other and the mother and her heirs,’ approved the 
tenth day of July, Anno Domini one thousand nine 
hundred and one; and applying and extending it to all 
cases, now pending, where the estate of such illegiti- 
mate or mother has not been actually paid to and re- 
ceived by collateral heirs or the Commonwealth,’’ ap- 
proved March 26, 1903, P. L. 70, absolutely. 


The proviso to Section 1 of an act entitled ‘‘ An Act 
to amend an act, entitled ‘An act amending section 
seventh of an act, entitled ‘‘ An act relating to certain 
duties and rights of husband and wife and parents and 
children,’’ approved the fourth day of May, Anno 
Domini one thousand eight hundred and fifty-five, pro- 
viding that married men or women, in case of drunk- 
enness or profligacy of husbands or wives, may consent 
to the adoption of their children,’ ’’ approved April 
22; 1905; P-L. 1297, absolutely. 


An act entitled ‘‘An Act to amend section one of an 
act, entitled ‘An Act relating to the descent and dis- 
tribution of the estates of intestates,’ passed and ap- 
proved April eighth, one thousand eight hundred and 
thirty-three, defining and declaring the interest that 
shall descend to and vest in the surviving husband or 
of such intestate,’’ approved April 1, 1909, P. L. 87, 
absolutely. 


33 


Sections 3 and 4 of an act entitled ‘‘An Act relating 
to the adoption of adult persons as heirs,’’ approved 
June 1, 1911, P. L. 539, in so far as they relate to in- 
heritance and devolution under the intestate laws. 


An.-act entitled ‘‘A supplement to an act, entitled 
‘An Act to amend section one of an act, entitled ‘‘ An 
Act relating to the descent and distribution of the 
estates of intestates,’’ passed and approved April 
eighth, one thousand eight hundred and thirty-three, 
defining and declaring the interest that shall descend 
to and vest in the surviving husband or wife of such 
intestate,’ approved April first, Anno Domini one 
thousand nine hundred and nine,’’ approved July 21, 
LOIS ili. Oi 2,cabsolutely. 


An act entitled ‘‘An Act amending article two of 
section one of an act, entitled ‘An Act relating to the 
descent and distribution of the estates of intestates,’ 
approved the eighth day of April, one thousand eight 
hundred thirty-three, as amended, by further regulat- 
ing the appointment and number of appraisers,’’ ap- 
proved July 21, 1913, P. L. 875, absolutely. 


An act entitled ‘‘An Act to amend an act, approved 
the fourth day of May, one thousand eight hundred 
and fifty-five, entitled ‘An Act relating to certain 
duties and rights of husband and wife and parents and 
children,’ ’’ approved May 3, 1915, P. L. 234, abso- 
lutely. 


An act entitled ‘* An Act amending section one of an 
act, entitled ‘An Act amending section seven of an 
act, entitled ‘‘An act relating to certain duties and 
rights of husband and wife, and parents and children,’’ 
approved the fourth day of May, Anno Domini one 
thousand eight hundred and fifty-five; providing that 
married men or women, in case of drunkenness or 
profligacy of husbands or wives, may consent to the 
adoption of their children,’ approved the nineteenth 
day of May, Anno Domini one thousand eight hun- 
dred and eighty-seven,’’ approved May 28, 1915, P. L. 


¢ 


a4 


580, in so far as it relates to inheritance and devolu- 
tion under the intestate laws. 

All other acts of assembly, or parts thereof, that are 
in any way in conflict or inconsistent with this Act or 
any part thereof, are hereby repealed, so far as re- 
lates to the estates, real and personal, of any person 
or persons dying intestate on or after the thirty-first 
day of December, 1917. 


35 


WILLS ACT. 
An Act. 


Relating to the form, execution, revocation and inter- 
pretation of wills, to nuncupative wills, to the ap- 
pointment of testamentary guardians, to spendthrift 
trusts, to forfeiture of devise or legacy in case of 
murder of testator, to elections to take under or 
against wills, and to the recording and registering 
of such elections and of decrees relative thereto and 
to the fees therefor. 


Section 1. Be it enacted by the Senate and House of 
Representatives of the Commonwealth of Pennsylvania 
in General Assembly met, and it is hereby enacted by 
the authority of the same, That every person of sound 
mind-and of the age of twenty-one years or upwards, 
whether married or single, may dispose by will of his 
or her real estate, whether such estate is held in fee 
simple or for the life or lives of any other person or 
persons, and whether in severalty, joint tenancy or 
common, and also of his or her personal estate. 


Section 2. Every will shall be in writing, and unless 
the person making the same shall be prevented by the 
extremity of his last sickness, shall be signed by him 
at the end thereof, or by some person in his presence, 
and by his express direction; and in all cases, shall be 
proved by the oaths or affirmations of two or more 
competent witnesses, otherwise such will shall be of no 
effect: Provided, That the presence of dispositive or 
testamentary words or directions, or the appointment 
of an executor or the like, after the signature to a will, 
whether written before or after the execution thereof, 
shall not invalidate that which precedes the signature. 


36 


Section 3. If the testator be unable to sign his name, 
for any reason other than the extremity of his last sick- 
ness, a will to which his name is subscribed in his pres- 
ence, by his direction and authority, and to which he 
makes his mark or cross, unless unable so to do, in 
which case the mark or cross shall not be required, 
shall be as valid as though he had signed his name 
thereto: Provided, That such will shall be proved by 
the oaths or affirmations of two or more competent 
witnesses. 

Srction 4. Personal estate may be bequeathed by a 
nuncupative will, under the following restrictions: 

(a) Such will shall in all cases be made during the 
last sickness of the testator, and in the house of his 
habitation or dwelling, or where he has resided for the 
space of ten days or more, next before the making of 
such will; except where such person shall be surprised 
by sickness, being from his own house. 

(b) Where the sum or value bequeathed shall ex- 
ceed one hundred.dollars, it shall be proved that the 
testator, at the time of pronouncing the bequest, did 
bid the persons present, or some of them, to bear wit- 
ness that such was his will, or to that effect; and in 
all cases, the foregoing requisites shall be proved by 
two or more witnesses, who were present at the mak- 
ing of such will. 

(c) No testimony shall be received to prove any 
nuncupative will after six months elapsed from the 
speaking of the alleged testamentary words, unless the 
said testimony, or the substance thereof, were com- 
mitted to writing within six days after the making of 
said will. | 

Srction 5. Notwithstanding this act, any mariner 
being at sea, or any soldier being in actual military 
service, may dispose-of his movables, wages and per- 
sonal estate, as he might have done before the making 
of this act. 

Section 6. No estate, real or personal, shall be be- 
queathed or devised to any body politic, or to any per- 


37 


son in trust, for religious or charitable uses, except the 
same be done by will attested by two credible, and, at 
the time, disinterested witnesses, at least thirty days 
before the decease of the testator; and all dispositions 
of property contrary hereto shall be void, and go to 
the residuary legatee or devisee, heirs or next of kin, 
according to law. A disinterested witness, within the 
meaning of this section, is a witness not interested 
in such religious or charitable use, this section not 
being intended to apply to a witness interested in 
some other devise or bequest in the same instrument. 

Section 7. The emblements or crops growing on 
lands held by a widow in dower, or by any other ten- 
ant for life, may be disposed of by will as other per- 
sonal estate. Rents and other periodical payments 
accruing to any tenant for life, or to any other person 
entitled under the laws of this commonwealth regulat- 
ing the descent and partition of real estate, may, so 
far as the same may have accrued on the day of death 
of such tenant for life, or other person, be disposed 
of by will, in like manner. 

Section 8 (a) Hvery person competent to make a 
will, being the father or adopting father of any minor 
child unmarried, may appoint a testamentary guardian 
for such child during his or her minority, or for any 
shorter period: Provided, That such testamentary 
guardian shall not be entitled to the custody of the 
person of such child unless the mother or adopting 
mother, if surviving, shall relinquish such custody, or 
unless the best interests of the child shall require that 
such surviving mother or adopting mother should not 
retain the custody of the person of such child. 

(b) Every person competent to make a will, being 
the mother or adopting mother of any minor child un- 
married, may appoint a testamentary guardian for 
such child during his or her minority, or for any 
shorter period, whenever the father or adopting father 
of such child shall be deceased and has not appointed 
such a guardian. Such mother or adopting mother, 


38 


who shall leave to such child an. estate, either real or 
personal, may appoint a testamentary guardian for 
such estate of the child, whether the father or adopt- 
ing father of such child shall be living or dead, and 
whether he shall or shall not have appointed a testa- 
mentary guardian for such child. 


(c) No father who shall have, for one year or up- 
wards previous to his death, wilfully neglected or re- 
fused to provide for his child or children, and no 
mother who shall have, for a like period, deserted her 
ehild or children or failed to perform her parental 
duties, shall have the right to appoint any testament- - 
ary guardian for such child or children. 


Section 9. Every will shall be construed, with refer- 
ence to the real and personal estate comprised in it, to 
speak and take effect as if it had been executed imme- 
diately before the death of the testator, unless a con- 
trary intention shall appear by the will. 


Section 10. The real estate acquired by a testator 
after making his will shall pass by a general devise, 
unless a contrary intention be manifest on the face of 
the will. ; 

Section 11. A general devise of the real estate of 
the testator, or of the real estate of the testator in any 
place or in the occupation of any person mentioned in 
his will, or otherwise described in a general manner, 
shall be construed to include any real estate, or any 
real estate to which such description shall extend, as 
the case may be, which he may have power to appoint 
in any manner he may think proper, and shall operate 
as an execution of such power, unless a contrary inten- 
tion shall appear by the will. In like manner a bequest 
of the personal estate of the testator, or any bequest 
of personal property described in a general manner, 
shall be construed to include any personal estate or 
~any personal estate to which such description shall ex- 
tend, as the case may be, which he may have power to 
appoint in any manner he may think proper, and shall 


39 


operate as an execution of such power, unless a con- 
trary intention shall appear by the will. 


Section 12. All devises of real estate shall pass the 
whole estate of the testator in the premises devised, 
although there be no words of inheritance or of per- 
petuity, unless it appear by a devise over, or by words 
of limitation, or otherwise, in the will, that the testator 
intended to devise a less estate. 


Section 13. Whenever by any devise an estate in 
fee tail would be created according to the common law 
of this State, such devise shall be taken and construed 
to pass an estate in fee simple, and as such shall be 
inheritable and freely alienable. 

Section 14. In any devise or bequest of real or per- 
sonal estate, the words, ‘‘die without issue,’’ or ‘‘die 
without leaving issue,’’ or ‘‘have no issue,’’ or any 
other words which may import either a want or failure 
of issue of any person in his lifetime, or at the time of 
his death, or an indefinite failure of his issue, shall be 
construed to mean a want or failure of issue in the 
lifetime or at the death of such person, and not an in- 
definite failure of his issue, unless a contrary intention 
shall appear by the will in which such devise or be- 
quest 1s made. 

Section 15 (a) No devise or legacy in favor of a 
child or children, or other lineal descendant or de- 
scendants of any testator, whether such children or 
descendants be designated by name or as a class, shall 
lapse or become void by reason of the decease of such 
legatee or devisee in the lifetime of the testator, if such 
devisee or legatee shall leave issue surviving the tes- 
tator; but such devise or legacy shall be good and 
available in favor of such surviving issue, with like 
effect as if such devisee or legatee had survived the 
testator, unless the testator shall in the will direct 
otherwise. 

(6b) Where any testator shall not leave any lineal 
descendants who would receive the benefit of any 
lapsed or void devise or legacy, no devise or legacy 


40 


made in favor of a brother or sister, or of brothers or 
sisters of such testator, or in favor of the children of 
a brother or sister of such testator, whether such 
brothers or sisters or children of brothers or sisters be 
designated by name or as a class, shall be deemed or 
held to lapse, or become void by reason of the decease 
of such devisee or legatee in the lifetime of the testa- 
tor, if such devisee or legatee shall leave issue surviv- 
ing the testator; but such devise or legacy shall be 
good and available in favor of such surviving issue, 
with like effect as if such devisee or legatee had sur- 
vived the testator, unless the testator shall in the will 
direct otherwise. 


(c) Unless a contrary intention shall appear by the 
will, such real or personal estate or interests therein 
as shall be comprised or intended to be comprised in 
any devise or bequest in such will contained, which 
shall fail or be void by reason of the death of the dev- 
isee or legatee in the lifetime of the testator, or by 
reason of such devise or bequest being contrary to law 
or otherwise incapable of taking effect, or which shall 
be revoked by the testator, shall be included in the re- 
siduary devise or bequest, if any, contained in such 
will. In any case where such devise or bequest, which 
shall fail or be void or shall be revoked as aforesaid, 
shall be contained in the residuary clause of such will, 
it shall pass to and be divided among the other resid- 
uary devisees or legatees, if any there be, in propor- 
tion to their respective interests in such residue. 

Section 16 (a) Whenever in any will a bequest or 
devise shall be made to the child or children of the 
testator, without naming such child or children, such 
bequest or devise shall. be construed to include any 
adopted child or children of the testator, unless a con- 
trary intention shall appear by the will. 

(6) Whenever in any will a bequest or devise shall 
be made to the child or children of any person other 
then the testator, without naming such child or chil- 
dren, such bequest or devise shall be construed to in- 


41 


clude any adopted child or children of such other per- 
son who were adopted before the date of the will, un- 
less a contrary intention shall appear by the will. 


Section 17. All pecuniary legacies contained in any 
will shall be charged upon and payable out of any real 
estate not specifically devised, where the personal es- 
tate is insufficient for their payment, or where the per- 
sonal estate though originally sufficient has been 
wasted or misapplied by the executor, unless a con- 
trary intention shall appear by the will. 


Section 18. Unless the testator shall otherwise di- 
rect by his will, the devisee of real estate, which is 
subject to mortgage, shall take subject thereto and 
shall not be entitled to exoneration out of the other 
estate of the testator, real or personal, and this 
whether the mortgage was created by the testator or 
by a previous owner or owners, and notwithstanding 
any general direction by the testator that his debts be 
paid. 

Section 19. All income whatsoever, devised or be- 
queathed by any will so as to be free from lability for 
the debts, contracts or engagements of the beneficiary, 
or so as not to be subject to execution, attachment sur 
judgment, sequestration or other process, shall not- 
withstanding such testamentary provisions be subject 
to and liable for the support and maintenance of the 
_ wife and minor children of the beneficiary and for the 
value of necessaries furnished to them or any of them, 
where said beneficiary has refused or neglected to pro- 
vide suitably for them, and all of the income of said 
beneficiary shall be subject to all legal process issued 
by any court of this Commonwealth having jurisdic- 
tion in the premises in order to enforce such liability 
of said beneficiary. 

Section 20 (a) No will in writing concerning any 
real estate shall be repealed nor shall any devise or 
directions therein be altered otherwise than by some 
other will or codicil in writing, or other writing de- 
claring the same, executed and proved in the manner 


42 


hereinbefore provided, or by burning, cancelling, oblit- 
erating or destroying the same by the testator himself, 
or by someone in his presence, and by his express di- 
rection. 

(b) No will in writing concerning any personal eg- 
tate shall be repealed, nor shall any bequest or direc- 
tion therein be altered, otherwise than as hereinbefore 
provided in the case of real estate, except by a nuncu- 
pative will, made under the circumstances set forth in 
Section four of this Act, and also committed to writing 
in the lifetime of the testator, and after the writing 
thereof, read to or by him, and allowed by him, and 
proved to be so done by two or more witnesses. 


Section 21. When any person, male or female, shall 
make a last will and testament and afterward shall 
marry or shall have a child or children not provided 
for in such will, and shall die, leaving a surviving 
spouse and such child or children, or either a surviving 
spouse or such child or children, although such child 
or children be born after the death of their father, 
every such person, so far as shall regard the surviving 
spouse, or child or children born after the making of 
the will, shall be deemed and construed to die intestate ; 
and such surviving spouse, child or children, shall be 
entitled to such purparts, shares and dividends of the 
estate, real and personal, of the deceased, as if such 
person had actually died without any will. 


Srction 22. No person who shall be finally adjudged 
guilty, either as principal or accessory, of murder of 
the first or second degree, shall be entitled to take any 
part of the real or personal estate of the person killed, 
as devisee or legatee or otherwise under the will of 
such person. 

Seotion 23 (a) When any person shall die testate 
leaving a surviving spouse, who shall elect to take 
against the will, such surviving spouse shall be entitled 
to such interests in the real and personal estate of the . 
deceased spouse as he or she would have been entitled 
to had the testator died intestate: Provided, That 


43 


nothing herein contained shall affect the right or 
power of a married woman, by virtue of any authority 
or appointment contained in. any deed or will, to be- 
queath or devise any property held in trust for her 
sole and separate use. 


(b) A surviving spouse electing to take under or 
against the will of the decedent shall, in all cases, man- 
ifest the election by a writing signed by him or her, 
duly acknowledged before an officer authorized by law 
to take the acknowledgement of deeds, and delivered to 
the executor or administrator of the estate of such 
decedent, within two years after the issuance of letters 
testamentary or of administration. Neglect or refusal 
or failure to deliver such writing within said period 
shall be deemed an election to take under the will. 


(c) No payment from the estate of such decedent, 
except the exemption allowed by law to the widow, 
shall be required to be made to any surviving spouse 
unless his or her election shall have been first duly 
executed, acknowledged and delivered, as provided in 
clause (b) of this section. 

(d) The orphans’ court, on the application of any 
person interested in the estate of a decedent, may issue 
a citation, at any time after six months from the death 
of the testator, to the surviving spouse of the testator, 
to appear at a certain time not less than one month 
thereafter, in the said court, to make his or her elec- 
tion to take under or against the will, which election 
shall be filed of record, and shall be conclusive. If the 
surviving spouse shall neglect or refuse to appear on 
such citation, then upon due proof being made to the 
court of the service thereof, the said neglect or refusal 
shall be deemed an election to take under the will, and 
the decree of the court to that effect shall be conclu- 
sive. : 

(e) The election by a surviving spouse, or a ecerti- 
fied copy of the final decree of any orphans’ court, in 
eases where there shall have been an election in accord- 
ance with clause (d) hereof, or a neglect or refusal to 


44 


elect within the time prescribed by the order of the 
said court, shall, at the cost of the estate, be recorded 
by the personal representative of the decedent, in the 
office for the recording of deeds of the county where 
the decedent’s will is probated, in the deed book, and 
shall be indexed by the recorder in the grantors’ index 
under the name of the decedent, and in the grantees’ 
index under the name of the surviving spouse, 
and shall be registered in the: survey bureau, 
or with the proper authorities empowered to keep a 
register of real estate, if any there be, in said county. 
The charges for recording and registering shall be the 
same as are provided by law for similar services. The 
election, or decree of the court, or a certified copy of 
either, may also be recorded in any office for the re- 
cording of deeds within this commonwealth, with the 
same effect as if a duly signed and acknowledged dec- 
laration to the effect stated therein had been made by 
the person authorized to elect, and at his or her re- 
quest recorded in said office according to law. After 
the said election shall have been recorded in the office 
for the recording of deeds as aforesaid, the said elec- 
tion, at the cost of the estate, shall be filed in the office 
of the clerk of the orphans’ court and a record made 
of such filing by the said clerk. 

Sectton 24. Nothing in this act contained shall be 
construed to apply to the disposition of personal estate 
by a testator whose domicile, at the time of his death, 
was out of this commonwealth. 

Section 25. This act shall be known and may be 
cited as the Wills Act of 1917. 

Section 26. This act shall take effect on the thirty- 
first day of December, 1917, and shall apply to the wills 
of all persons dying on or after said day. As to the 
wills of all persons dying before that day, the existing 
laws shall remain in full force and effect. 

Section 27. The following acts and parts of acts of 
assembly are hereby repealed as respectively indicated, 
but so far only as relates to the estates, real and per- 


45 


sonal, of any person or persons dying on or after the 
thirty-first day of December, 1917. The repeal of the 
first section of an act shall not repeal the enacting 
clause. 

Sections 3, 4, 6 and 7 of an act entitled ‘‘An Act 
concerning the probates of written and nuncupative 
wills, and for confirming devises of lands,’’ passed in 
1705, 1 Sm. L. 33, absolutely. 

Section 23 of an act entitled ‘‘An Act directing the 
descent of intestates’ real estates, and distribution of 
their personal estates, and for other purposes therein 
mentioned,’’ passed April 19, 1794, 3 Sm. L. 1438, abso- 
lutely. | 

- Section 10 of an act entitled ‘‘ An Act supplementary 
to the act, entitled ‘An Act directing the descent of 
intestates’ real estates, and distribution of their per- 
sonal estates, and for other purposes therein men- 
tioned,’ ’’ passed April 4, 1797, 3 Sm. L. 296, abso- 
lutely. 

Section 11 of an act entitled ‘‘ An Act supplementary 
to the several acts of this commonwealth concerning 
partitions, and for other purposes therein mentioned,’’ 
approved April 7, 1807, P. L. 155, absolutely. 

An act entitled ‘‘ An Act to prevent devises and lega- 
cies from lapsing in certain cases,’’ approved March 
19, 1810, P. L. 96, absolutely. 

Section 1 of an act entitled ‘‘An Act relative to 
dower, and for other purposes,’’ approved April 1, 
1811, P. L. 198, absolutely. 

Section 11 of an act entitled ‘‘ An act relating to reg- 
isters and registers’ courts,’’ approved March 15, 1832, 
P. L. 135, absolutely. 

Section 35 of an act entitled ‘‘An act relating to 
orphans’ courts,’’ approved March 29, 1832, P. L. 190, 
absolutely. 

An act entitled ‘‘An act relating to last wills and 
testaments,’’ approved April 8, 1833, P. L. 249, abso- 
lutely. 


46 


Section 2 of an act entitled ‘*‘ An act further to regu- 
late proceedings in courts of justice, and for other pur- 
poses,’’ approved May 6, 1844, P. L. 564, absolutely. 


An act entitled ‘‘A supplement to an act relating to 
last wills and testaments, passed the eighth day of - 
April, eighteen hundred and thirty-three,’’ approved 
January 27, 1848, P. L. 16, absolutely. 

Section 7 and 11 of an act entitled ‘* A supplement to 
an act, entitled ‘An act relative to the LeRaysville 
Phalanx,’ passed March, Anno Domini one thousand 
eight hundred and forty-seven, and relative to obligors 
and obligees, to secure the right of married women, 1n 
relation to defaleation, and to extend the boundaries 
of the borough of Ligonier,’’ approved April 11, 1848, 
P. L. 586, absolutely. 

Section 11 of an act entitled ‘‘ An act relating to cor- 
porations and to estates held for corporate, religious 
and charitable uses,’’ approved April 26, 1855, P. L. 
328, in so far as it relates to estates, real or personal, 
bequeathed or devised. 

Section 1 of an act entitled *‘ An Act to amend cer- 
tain defects of the law for the more just and safe trans- 
mission and secure enjoyment of real and personal es- 
tate,”’ approved “April 27, 1895, Pi lo? 368) anso tar 
as it relates to devises. 

Sections 1 and 6 of an act entitled ‘‘ An act relating 
to certain duties and rights of husband and wife, and 
parents and children,’’ approved May 4, 1855, P. L. 
430, absolutely. | 

Section | of an act entitled ‘‘ An act relating to dow- 
ers,’’? approved April 20, 1869, P. L. 77, absolutely. 

An act entitled ‘‘A supplement to an act relating to 
last wills and testaments, approved the eighth day of 
April, one thousand eight hundred and thirty-three, 
providing for the time from which wills shall speak 
and take effect, for the vesting of lapsed or void de- 
vises of real estate in the residuary devisee, and for 
the execution of powers over real and personal estate 


nt ae 


by the person in whom such powers are vested,’’ ap- 
proved June 4, 1879, P. L. 88, absolutely. 

An act entitled ‘‘ An act to enable mothers in certain 
eases to appoint testamentary guardians,’’ approved 
June 10, 1881, P. L. 96, absolutely. 

-An act entitled ‘‘ An act to enable mothers, in certain 
cases, to appoint testamentary guardians, being a sup- 
plement to an act, bearing the same title, approved 
June tenth, one thousand eight hundred and eighty- 
one, and also a supplement to an act, entitled ‘An act 
relating to certain duties and rights of husband and 
wife, and parents and children,’ approved May fourth, 
one thousand eight hundred and fifty-five,’’ approved 
May 25, 1887, P. L. 264, absolutely. 

Section 5 of an act entitled ‘‘ An act relating to hus- 
band and wife, enlarging her capacity to acquire and 
dispose of property, to sue and be used, and to make a 
last will, and enabling them to sue and to testify 
against each other in certain cases,’’ approved June 8, 
1893, P. L. 344, absolutely. 

An act entitled ‘‘ An act declaring the construction 
of words in a deed, will or other instrument importing 
a failure of issue,’’ approved July 9, 1897, P. L. 213, in 
so far as it relates to devises or bequests of real or per- 
sonal estate. 

An act entitled ‘‘ An act to amend section two of an 
act, entitled ‘An act further to regulate proceedings 
in courts of justice, and for other purposes,’ approved 
the sixth day of May, Anno Domini one thousand eight 
hundred and forty-four, relating to devises and lega- 
cies to brothers or sisters, or the children of brothers 
or sisters of any testator, and preventing the lapse 
thereof in the case of the death of such devisee or lega- 
tee during the lifetime of the testator,’’ approved July 
12, 1897, P. L. 256, absolutely. 

An act entitled ‘An act relating to elections by sur- 
viving husbands or wives to take under or against the 
wills of decedents; to the recording thereof, and of 
final decrees, where parties have failed or refused to 


48 


elect when required so to do; and forbidding payments 
to such parties until they have made and filed their 
election,’? approved April 21, 1911, P. L. 79, abso- 
lutely. 

An act entitled ‘‘ An act to amend section eleven of 
an act, entitled ‘An act relating to corporations and to 
estates held for corporate, religious, and charitable 
uses,’ approved the twenty-sixth day of April, one 
thousand eight hundred and fifty-five,’’ approved June 
7, 1911, P. L. 702, in so far as it relates to estates, real 
or personal, bequeathed or devised. 

An act entitled ‘‘An act to amend an act approved 
the eighth day of April, one thousand eight hundred 
thirty-three, entitled ‘An act relating to last wills and 
testaments,’ by conferring the same rights upon the 
mother as upon the father,’’ approved April 15, 1915, 
P. L. 124, absolutely. 

An act entitled ‘‘ An act to amend an act, approved 
the tenth day of June, one thousand eight hundred 
eighty-one, entitled ‘An act to enable mothers in cer- 
tain cases to appoint testamentary guardians,’ by ex- 
tending certain rights to mothers,’’ approved April 21, 
1915, P. L. 145, absolutely. 

All other acts of assembly, or parts thereof, that are 
in any way in conflict or inconsistent with this act, or 
any part thereof, are hereby repealed, so far as relates 
to the estates, real and personal, of any person or per- 
sons dying on or after the thirty-first day of Decem- 
ber, 1917. , . 


E take pleasure in presenting to you copies of 
the Acts of Assembly, Approved on June 7, 


1917, and entitled Intestate Act, Wills Act, 
Fiduciaries Act, Partition Act, Revised Price Act, 
Register of Wills Act, Orphans’ Court Act, which were 
prepared by Hon. John Marshall Gest of the Orphans’ 
Court of Philadelphia County, Hon. Thomas J. Bald- 
ridge, President Judge of Blair County,and Hon. George 
E. Alter of the Allegheny County Bar, the Commis- 
sioners appointed by the Governor on October 4th, 
1915, in accordance with the Act of April 28rd, 1915, 
P. L. 177; and also certain Preliminary Notes to the 
said several Acts, which are taken from the Report of 
the said Commissioners to the Legislature of 1917. 


These Acts of Assembly make many fundamental 
changes in the Laws of this State, affecting Decedents’ 
Estates and as they will not be actually published by 
the State for some time, we have thought them of suf- 
ficient general interest to justify their publication in 
pamphlet form at once. 


Tie (@LONIAL JRVST (@MPANY 


PITTSBURGH 
Capital $2,600,000.00 Surplus and Undivided Profits $3,500,000.00 


Trust Estates $10,000,000.00 


49 


FIDUCIARIES ACT. 
An Act 


Relating to the administration and distribution of the 
estates of decedents and of minors, and of trust es- 
tates; including the appointment, bonds, rights, 
powers, duties, liabilities, accounts, discharge and 
removal of executors, administrators, guardians and 
trustees, herein designated as fiduciaries; the ad- 
ministration and distribution of the estates of pre- 
sumed decedents; widow’s and children’s exemp- 
tions; debts of decedents, rents of real estate as 
assets for payment thereof, the len thereof, sales 
and mortgages of real estate for the payment there- 
of, judgments and executions therefor and the dis- 
charge of real estate from the lien thereof; contracts 
of decedents for the sale or purchase of real estate; 
legacies, including legacies charged on land; the dis- 
charge of residuarv estates and of real estate from 
the lien of legacies and other charges; the appraise- 
ment of real estate devised at a valuation; the ascer- 
tainment of the curtilage of dwelling houses or other. 
buildings devised; the abatement and survival of 
actions and the substitution of executors and ad- 
ministrators therein, and suits against fiduciaries; 
investments by fiduciaries; the organization of cor- 
porations to carry on the business of decedents; the 
audit and review of accounts of fiduciaries; refund- 
ing bonds; transeripts to the court of common pleas 
of balances due by fiduciaries; the rights, powers 
and liabilities of non-resident and foreign fidu- 
ciaries; the appointment, bonds, rights, powers, 
duties and liabilities of trustees durante absentia; 


20 


the recording and registration of decrees, reports 
and other proceedings, and the fees therefor; ap- 
peals in certain cases; and also generally dealing 
with the jurisdiction, powers and procedure of the 
orphans’ court in all matters relating to fiduciaries 
concerned with the estates of decedents. 


Srction 1. Be it enacted by the Senate and House of 
Representatives of the Commonwealth of Pennsylva- 
nia in General Assembly met, and it is hereby enacted 
by the authority of the same, That as used in this act, 
the term ‘‘fiduciary’’ shall include executors, adminis- 
trators, guardians and trustees, whether domiciliary 
or ancillary, subject to the jurisdiction of the orphans’ 
eourt of any county of this Commonwealth. 


Section 2. (a) Letters testamentary and of admin- 
istration shall be grantable only by the register of wills 
of the county within which was the family or principal 
residence of the decedent, at the time of his decease; 
and if the decedent had no such residence in this Com- 
monwealth, then ancillary letters testamentary or of 
administration shall be grantable only by the register 
of the county where the principal part of the goods 
and estate of such decedent within this Commonwealth 
shall be. 


(6) No letters testamentary or of administration 
shall in any ease be originally granted upon the estate 
of any decedent, after the expiration of twenty-one 
years from the day of his decease, except on the order 
of the orphans’ court, upon due cause shown. 


(c) Whenever letters of administration are by law 
necessary, the register having jurisdiction shall grant 
them in such form as the case shall require, to the 
widow, if any, of the decedent, or to such of his rela- 
tions or kindred as by law may be entitled to the resi- 
due of his personal estate, or to a share or shares 
therein, after payment of his debts; or he may join 
with the widow in the administration, such relations or 
kindred, or such one or more of them, as he shall judge 


51 


will best administer the estate, preferring always, of 
those so entitled, such as are in the nearest degree of 
consanguinity with the decedent, and also preferring 
males to females; and in case of the refusal or incom- 
petency of every such person, to one or more of the 
principal creditors of the decedent applying therefor, 
or to any fit person at his discretion: Provided, That 
if such decedent was a married woman, her husband 
shall be entitled to the administration, in preference 
to all other persons: and provided further, That in 
all cases of an administration with a will annexed; 
where there is a general residue of the estate be- 
queathed, the right to administer shall belong to those 
having the right to such residue, and the administra- 
tion in such ease shall be granted, by the register, to 
such one or more of them as he shall judge will best 
administer the estate. 

(d) Every application to any register of wills for 
the issuance of letters testamentary or of administra- 
tion shall be in the form of a petition, duly verified by 
affidavit, setting forth the residence and citizenship and 
the place, day and hour of death of the decedent, the 
estimated value of his property, real and personal, the 
location of his real property, and, in the case of an in- 
testacy, the names and residences of the surviving 
spouse, if any, and of the next of kin of the intestate, 
together with an averment that the persons named are 
the surviving spouse and all the next of kin of the in- 
testate. 

Section 3 (a) Whenever the executors named in any 
last will and testament shall all refuse or renounce the 
trust and execution thereof, the register having juris- 
diction as aforesaid may receive the probate of such 
will, and grant letters of administration with it an- | 
nexed, to the persons by law entitled thereto. 

(b) Whenever a sole executor, or the survivor of 
several executors, shall die, leaving goods or estate of 
his testator unadministered, the register having juris- 
diction shall, notwithstanding such executor may have 


a2 


made his last will and testament, and appointed an 
executor or executors thereof, grant letters of adminis- 
tration of all such goods and estate, in the same man- 
ner as if such executor had died without having made 
any testament or last will; and the executor of such de- 
ceased executor shall in no case be deemed executor of 
the first testator. 

(c) In all cases where the administration of the es- 
tate of any decedent shall become vacant, by reason of 
death or of any decree of the orphans’ court, or from 
any other cause, the register having jurisdiction shall, 
on proper proof being made of the fact, grant new let- 
ters, in such form as the case shall require, to the per- 
son or persons by law entitled thereto. 

(d) All and singular the powers, duties and liabil- 
ities of executors are hereby extended to administra- 
tors with a will annexed. 

(ec) Administrators de bonis non, with or without a 
will annexed, shall have power to demand and recover | 
from their predecessors in the administration, or their 
legal representatives, all moneys, goods and assets re- 
maining in their hands due and belonging to the estate 
of the decedent, and to commence and prosecute actions 
upon promises made to such predecessors in their rep- 
resentative character, and to take and defend appeals 
and sue forth and defend writs of scire facias and writs 
of execution upon judgments, obtained by or in the 
name of the executors or administrators into whose 
place they may have come, and also to proceed with 
and perfect all unexecuted executions, which may have 
been issued thereon at the instance of such predeces-— 
sors: Provided, That when any suit shall have been 
brought by an administrator de bonis non for the re- 
covery of moneys, goods or assets, remaining in the 
hands of his predecessors, or their legal representa- 
tives, before they shall have settled their final admin- 
istration account, the court in which such action shall 
be brought shall have power to stay the proceedings 
therein, on the defendants’. filing such an account in 


ays) 


the register’s office of the proper county within a rea- 
sonable time to be fixed by said court, until said ac- 
count shall have been finally settled and confirmed; and 
on the production of a certified copy of said account, 
so settled and confirmed, the court in which such suit 
shall be pending is hereby authorized and required to 
render judgment for the balance which shall thereby 
appear to be due to either party. 

Section 4. The register of wills having jurisdiction 
may, when the circumstances of the case require, grant 
to any fit person or persons letters of administration 
durante minoritate, durante absentia, or pendente lite, 
security to be entered as in other cases of administra- 
tion. 


Ssection 5. All such acts of administration as would 
be in due course of law, in case of intestacy, if done in 
good faith and without notice of a will, and all such 
acts of any executor as would be in due course of law, 
if the will under which letters testamentary were is- 
sued were the last will of the testator, and if done in 
good faith and without notice of a later will, shall not 
be impeached, though a will, or a later will, should aft- 

erward be discovered and established. 

—  Srction 6 (a) Whenever, hereafter, any person 
shall be presumed to be dead, on account of absence for 
seven or more years from the place of his or her last 
domicile, whether the same be within this Common- 
wealth, or in any other state, territory or possession of 
the United States, or in any foreign country, any per- 
son entitled under the last will and testament of such 
presumed decedent or under the intestate laws to any 
share in his or her estate within this commonwealth, or 
the escheator for the Commonwealth, may present a 
petition to the orphans’ court of the county of such 
person’s last residence or, where the presumed dece- 
dent was a non-resident of this Commonwealth, in the 
orphans’ court of the county where the greater part 
of his property within this Commonwealth may be sit- 
uated, setting forth the facts which raise the presump- 


o4 


tion of death. The said court, if satisfied as to the 
person who would be entitled to letters testamentary 
or of administration were the presumed decedent in 
fact dead, shall cause to be advertised, in a newspaper 
published in said county, once a week for four succes- 
sive weeks, together with such other advertisement as 
the court, according to the circumstances of the case, 
shall deem expedient or advisable, the fact of such ap- 
plication, together with notice that on a day certain, 
which shall be at least two weeks after the last ap- 
pearance of said advertisement, the court, or master 
appointed by the court for that purpose, will hear evi- 
dence concerning the alleged absence of the presumed 
decedent, and the circumstances and duration thereof. 


(b) Whenever, hereafter, letters of administration 
or letters testamentary shall have been granted in any 
other State, territory or possession of the United 
States, or in any foreign country, on the estate of a 
resident thereof, presumed to be dead, on account of 
absence for seven or more years from the place of his 
last domicile, it shall be lawful for the person or per- 
sons, or trust company, to whom such letters have been 
granted, to present a petition to the orphans’ court of 
the county within this Commonwealth in which all, or 
the greater portion, of the estate of said presumed de- 
cedent may be found, accompanied by a complete ex- 
emplification of the record of the grant of such letters, 
praying for the grant of ancillary letters testamentary 
or of administration upon the estate of such presumed 
decedent, situate, owing or belonging to him within 
this Commonwealth. The said court, if satisfied that 
the person or trust company proposed in such petition 
would be a fit person or company to whom such letters 
might be issued, shall cause publication to be made, in 
the manner and for the period as provided in clause 
(a) of this section, of the fact of such application, to- 
gether with notice that on a day certain, which shall be 
at least two weeks after the last appearance of said 
advertisement, the court, or a master appointed for the 


15) 


purpose, will hear evidence concerning the alleged ab- 
sence of the presumed decedent, and the circumstances 
and duration thereof. 


(c) At the hearing in either of the cases provided 
for in the preceding clauses of this section, the or- 
phans’ court shall take such legal evidence as shall be 
offered, for the purpose of ascertaining whether the 
presumption of death is established, or may appoint a 
master to take such testimony and report his findings 
thereon; and no person shall be disqualified to testify 
by reason of his or her relationship as husband or wife 
to the presumed decedent, or of his or her interest in 
the estate of the presumed decedent. 

(d) If satisfied, upon such hearing, or upon the re- 
port of such master, that the legal presumption of 
death is made out, the court shall so decree, and the 
court may determine in such decree the date when such 
presumption arose, and shall forthwith cause to be 
published for three successive weeks, in the manner 
provided in clause (a) of this section, a notice requir- 
ing the presumed decedent, if alive, to produce in court 
satisfactory evidence of his continuance in life, such 
evidence to be produced within twelve weeks from the 
date of the last publication of the notice in the case of 
an original application for the grant of letters, and 
within four weeks from such date in the case of an 
application for ancillary letters. 

(e) If, within said period, evidence satisfactory to 
the orphans’ court of the continuance in life of the 
presumed decedent shall be presented, said decree shall 
be vacated; but if such evidence shall not be fortheom- 
ing, such decree shall be confirmed absolutely, and it 
shall be the duty of the court to order the register of 
wills to issue letters of administration to the person 
thereto entitled, or to receive for probate the last will 
and testament of such presumed decedent and, if duly 
proved, to admit the same to probate and issue letters 
testamentary thereunder; and the said letters, until re- 
voked, and all acts done in pursuance thereof and in 


o6 


reliance thereupon, shall be as valid as if the presumed 
decedent were really dead. 


(f) Whenever the said court shall enter a decree 
that the presumption of death of any person has been 
established; and such decree shall be confirmed abso- 
lutely, the real estate of the presumed decedent shall 
pass and devolve as in the case of actual death, and the 


persons entitled by will or under the intestate laws 
may enter and take possession. In case the presump- 
tion of death is thereafter rebutted by adequate proof 
that the presumed decedent is in fact alive, and said 
decree is vacated, said real estate shall revert to him as 
fully as though such decree had never been entered, 
subject, however, to payment of the costs and expenses 
of the proceedings and advertisement aforesaid. Such 
decree, when confirmed absolutely, may be recorded in 
the office of the recorder of deeds of the proper county 
in the deed-book, and shall be indexed by the recorder 
in the grantors’ index under the name of the decedent, 
and in the grantees’ index under the names of the per- 
sons taking the real estate, and, if so recorded, and 
the persons taking the real estate sell or mortgage the 
same, the purchaser or mortgagee shall take a good 
title, free and discharged of any interest or claim of 
the presumed decedent; but the persons taking such 
real estate shall not sell, convey or mortgage the same 
or any part thereof without first giving bond, in an 
amount to be fixed by the orphans’ court and with sur- . 
eties to be approved by said court, conditioned to ac- 
count for and pay over to the presumed decedent, in 
ease he is actually alive, the value of the real estate 
sold or conveyed, or, in case of the making of a mort- 
gage, to pay the amount of the mortgage and interest 
thereon, or, in case of a foreclosure of such mortgage, 
to account for and pay over the value of the real estate 
mortgaged. When the presumed decedent shall have 
been absent and unheard of for twenty-one years, such 
bond shall be taken without sureties. 


ot 


(g) The executor or administrator to whom letters 
have been issued upon the estate of a presumed dece- 
dent, as aforesaid, shall administer the estate in the 
same manner and with the same effect as the same 
would be administered under existing laws of this Com- 
monwealth if the presumed decedent were in fact dead; 
and the orphans’ court, at the audit of the account of 
an ancillary administrator of a presumed decedent, 
shall decree the balance, if any, shown thereby, to the 
expense of administration and the debts of the pre- 
sumed decedent, due to residents of this Common- 
wealth, and the overplus, if any, to the executor or ad- 
ministrator of said presumed decedent in the foreign 
jurisdiction, for the purpose of administration and dis- 
tribution. 


(h) Before any distribution of the proceeds of the 
estate of such presumed decedent, the persons, other 
than creditors, entitled to receive the same shall re- 
spectively give sufficient real or personal security, to 
be approved by the orphans’ court having jurisdiction, 
in such sum and form as the court shall direct, with 
condition that if the said presumed decedent shall in 
fact be at the time alive, they will respectively refund 
the amounts received by each on demand, with interest 
thereon. If any person or persons entitled to receive 
the same shall refuse or neglect or be unable to enter 
such security, the orphans’ court may, upon petition of 
any person interested, and upon due notice to all per- 
sons interested, so far as such notice can reasonably 
be given, appoint a suitable person or corporation as 
trustee to receive.and hold the share of the distributee 
refusing or neglecting or being unable to enter secur- 
ity as aforesaid until the further order of the court, 
such trustee not to be an insurer of the trust fund, and 
to be liable to the person or persons interested therein 
only for such eare, prudence and diligence in the exe- 
cution of the trust as other trustees are liable for. If 
the said court shall be satisfied, from the evidence 
adduced at the hearing to ascertain whether the pre- 


08 


sumption of death is established, or from the report 
of the master, that there is no likelihood of the pre- 
sumed decedent’s being still alive, then the said court 
may, at its discretion, accept refunding bonds from 
the distributees of the presumed decedent’s estate 
without requiring sureties thereon. 

(2) The orphans’ court may revoke the said letters 
and vacate the decree that the presumption of death 
has been established, at any time, on due and satisfac- 
tory proof that the presumed decedent is in fact alive. 
After such revocation all the powers of the executor 
or administrator shall cease, but all receipts or dis- 
bursements of assets, and other acts previously done 
by him, shall remain as valid as if the said letters were 
unrevoked. The executor or administrator shall settle 
an account of his administration down to the time of 
such revocation, and shall transfer all assets, remain- 
ing in his hands, to the person as whose executor or 
administrator he has acted, or to his duly authorized 
agent or attorney. Nothing in this section contained 
shall validate the title of any person to any money or 
property received as surviving spouse, next of kin, 
heir, legatee or devisee of such presumed decedent, but 
the same may be recovered from such person, in all 
cases in which such recovery would be had, if this act. 
had not been passed. 


(7) After revocation of the letters and vacation of 
the decree that the presumption of death has been es- 
tablished, the person erroneously presumed to be dead 
may, on suggestion filed of record of the proper facts, 
be substituted as plaintiff or petitioner in all actions 
or proceedings, at law, in equity, or in any orphans’ 
court, brought by the executor or administrator, 
whether prosecuted to judgment or decree or other- 
wise. He may, in all actions or proceedings previously 
brought against the executor or administrator, be sub- 
stituted as defendant or respondent, on proper sug- 
gestion filed by himself, or by proper service of writ or 
other process, but shall not be compelled to go to trial 


o9 


in less than three months from the time of such sugges- 
tion filed or process served. Judgments or decrees 
recovered against the executor or administrator before 
revocation and vacation, as aforesaid, of the letters 
and decree, may be opened on application by the pre- 
sumed decedent, made within three months from the 
said revocation and supported by affidavit, denying 
specifically, on the knowledge of the affiant, the cause 
of action, or specifically alleging the existence of facts 
which would be a valid defense; but if, within the said 
three months, such application shall not be made, or 
being made, the facts exhibited shall be adjudged an 
insufficient defense, the judgment or decree shall be 
conclusive to all intents, saving the defendant’s right 
to have it reviewed, as in other cases, on appeal. Not- 
withstanding the substitution of the presumed dece- 
dent as defendant in any judgment or decree, as afore- 
said, it shall continue as a lien upon his real estate in 
the county for the period of five years from the date of 
its entry, as other judgments, unless and until it shall 
be set aside by the court below, or reversed in the 
proper appellate court. 


(k) Whenever, hereafter, letters testamentary or of 
administration shall be issued upon the estate of any 
person, presumed to be dead, on account of absence of 
seven years or more from the place of his last domicile, 
in accordance with the foregoing provisions of this 
section, the person having custody of any will which 
may have been left by such presumed decedent, in case 
letters of administration have been issued, or of any 
later will, in case letters testamentary have been is- 
sued, or any creditor or any person interested in the 
estate, may file a petition in the orphans’ court in 
which the proceedings to establish the death by pre- 
sumption have been held, as aforesaid, setting forth 
the facts of the case, a copy of said will or later will, 
or an averment that such will exists, and the names of 
all persons interested in the estate of the presumed de- 
cedent. Upon the filing of such petition, said court, 


60 


after due notice to all parties in interest, may enter an 
order directing the register of wills to receive proof in 
support of the averments of said petition and, if estab- 
lished, to admit said will or later will to probate and, if 
an executor be named in said will, to revoke said letters 
of administration, or, in case an earlier will shall have 
been admitted to probate, to set aside such probate and 
revoke the letters testamentary issued thereunder. 


(1) Thereupon the register of wills shall issue a cita- 
tion to the person to whom letters of administration or 
letters testamentary have been issued, as aforesaid, 
and to all persons interested in the estate of the pre- 
sumed decedent, to appear upon a day fixed, and to 
show cause why the said alleged will or later will 
should not be admitted to probate. 

(m) Upon the return of the citation, if the register 
of wills shall be satisfied from all the evidence that 
may be adduced that the proposed will was, in fact, the 
last will and testament made by the presumed decedent 
before his departure or disappearance from his resi- 
dence, the said will shall be admitted to probate as if 
the testator were in fact dead. If, upon such probate, 
it appears that an executor is named in the will, the 
letters of administration previously granted shall be 
revoked, and letters testamentary shall be issued to 
said executor, in the same manner and form as if the 
testator were in fact dead, but if no executor shall be 
named in such will, then a certified copy of said will 
shall be attached to the letters of administration there- 
tofore issued, or to a certified copy of such letters. 
Thereafter the executor or administrator shall execute 
the said will according to its terms, and all property 
of the decedeut shall be distributed and pass, as pro- 
vided by said will, to the several legatees and devisees 
named therein. In case an earlier will shall have been 
admitted to probate, the letters testamentary issued 
thereunder shall be revoked and letters shall be issued 
under the said last will, or if no executor shall be 
named in said last will, then letters of administration 


61 


with the will annexed shall be issued to the person or 
persons entitled thereto. 

(n) The costs attending the issuance or revocation 
of letters shall be paid out 6f the estate of the pre- 
sumed decedent; and costs arising upon an applica- 
tion for letters which shall not be granted shall be paid 
by the applicant. 

Srcotion 7 (a) Before any register shall issue letters 
of administration, letters testamentary, or of adminis- 
tration with the will annexed, he shall administer an 
oath or affirmation to:the person or persons receiving 
the same, in the following form, namely: You do swear 
(or affirm) that as executor of the last will and testa- 
ment (or as administrator of the estate) of A. B., de- 
ceased, (as the case may be), you will well and truly 
administer the goods and chattels, rights and credits 
of said deceased, according to law; and also will dili- 
gently and faithfully regard and well and truly comply 
with the provisions of the law relating to collateral in- 
heritances. 

(b) In all cases where a corporation is or shall be 
charged with the execution of any trust, the president, 
vice-president, trust officer, secretary, treasurer or act- 
uary of such corporation, shall make the oath or affirm- 
ation directed to be taken by private persons in such 
cases. 

Section 8 (a) It shall be the duty of every register 
upon his granting any letters of administration, domi- 
cilhary or ancillary, of the goods and chattels of any 
person dying intestate, to take a bond or bonds, from 
the person or persons receiving such letters, with two 
or more sufficient individual sureties, or sufficient cor- 
porate security, or the register may, in his discretion, 
permit any corporation to which letters are granted to 
give its own bond without surety. In fixing the 
amount of any bond, respect shall be had to the value 
of the estate; and all bonds shall be in the name of the 
Commonwealth, with a condition in the following form, 
namely: The condition of this obligation is, that if the 


62 


above-bounden A. B., administrator of all and singular | 
the goods, chattels and credits of C. D., deceased, do 


make, or cause to be made, a true and perfect inventory 
of all and singular the goods, chattels and credits of 
the said deceased, which have come or shall come to the 
hands, possession or knowledge of him the said A. B., 
or into the hands and possession of any other person 
or persons, for him, and the same so made, do exhibit 
or cause to be exhibited into the register’s office, in the 
county of , within thirty days from 
the date hereof, and the same goods, chattels and cred- 
its, and all other the goods, chattels and credits of 
the said deceased, at the time of his death, which at any 
time after shall come to the hands and possession of 
the said A. B., or into the hands and possession of any 
other person or persons for him, do well and truly ad- 
minister according to law, and further do make or 
cause to be made, a just and true account of his said 
administration, at the expiration of six months from 
the date hereof, or when thereunto required by the or- 
phans’ court, and all the rest and residue of the said 
goods, chattels and credits, which shall be found re- 
maining upon the said administrator’s account, the 
same being first examined and allowed by the orphans’ 
court of the county having jurisdiction, shall deliver 
and pay unto such person or persons as the said or- 
phans’ court, by their decree or sentence pursuant to 
law, shall limit and appoint, and shall well and truly 
comply with the laws of this Commonwealth relating to 
collateral inheritances, and if it shall hereafter appear 
that any last will and testament was made by the said 
deceased, and the same shall be proved according to 
law, if the said A. B., being thereunto required, do sur- 
render the said letters of administration into the regis- 
ter’s office aforesaid, then this obligation to be void, 
otherwise to remain in full force: Provided, That in 
every case of special administration, the form of the 
foregoing condition shall be modified so as to suit the 
circumstances of such ease. 


63 


(b) 1t shall be the duty of the register of wills, in 
granting letters of administration with the will an- 
nexed, to take a bond as prescribed in the foregoing 
clause, that shall include adequate security for the 
faithful accounting for the proceeds of any sales of 
real estate the administrator may make under such 
will; and the sureties taken shall be liable therefor, as 
well as for any personal effects, to come into the hands 
of the administrator, who shall settle his account 
thereof before the orphans’ court. 


(c) Before the register shall issue letters testa- 
mentary to any executor, not being an inhabitant of 
this Commonwealth, he shall take from him a bond, 
with two or more sufficient individual sureties, being 
inhabitants of this Commonwealth, or with sufficient 
corporate security, or the register may, in his discre- 
— tion, permit any corporation to which such letters are 
granted to give its own bond without surety. 


In fixing the amount of any bond, respect shall be 
had to the value of the estate to be administered; and 
all bonds shall be in the name of the Commonwealth, 
with the following condition, namely: The condition of 
this obligation is, that the said A. B., executor of the 
last will and testament of C. D. deceased shall make a 
true and perfect inventory of all and singular the 
goods, chattels and credits of the said deceased, being 
within this CommonwealJth, which have come or shall 
come to his hands, possession or knowledge, or into the 
hands and possession of any other person for him, and 
the same so made do exhibit into the office of the reg- 
ister of the county of within 
thirty days from the date hereof, and the same goods 
do well and truly administer, according to law, and 
make a just and true account of all his actings and 
doings therein, at the expiration of six months from 
the date hereof, or when thereunto lawfully required, 
and shall faithfully account for the proceeds of any 
sales of real estate he may make under such will, and 
shall well and truly comply with the laws of this Com- 


64 
monwealth relating to collateral inheritances and in all 
other respects with the laws of this Commonwealth re- 
lating to his duty as executor, then this obligation to be 
void, otherwise to remain in full force. 

(d) If any register shall grant letters testamentary 
to any person not being an inhabitant of this Common- 
wealth, or shall grant any letters of administration to 
any person or persons whatsoever, without having in 
either case taken a bond in the manner hereinbefore 
prescribed, such letters shall be void, and every person 
acting under them shall be deemed, and may be sued, 
and in all respects treated as an executor of his own 
wrong; and the register granting the same, and his 
sureties, shall be hable to pay all damages which shall 
acerue to any person by reason thereof. 


(e) In any case where application is made for let- 
ters testamentary or of administration on the estate 
of a decedent who was at the time of his death a fidu- 
clary, it shall be within the discretion of the register 
of wills to whom such application is made to require 
the person or corporation to whom such letters are is- 
sued to enter, in addition to any other bond required 
by this act, a bond in a sufficient amount, with sureties 
as aforesaid, or, in case of a corporation, its own bond, 
with or without sureties, conditioned for the proper 
application of the property held by such decedent as 
fiduciary and coming into the hands and possession of 
the person or corporation to whom such letters are 
issued. 

(f) All bonds taken by any register, in pursuance 
of this act, from any executor or administrator, may 
be excepted to before such register by any person in- 
terested, in respect of the sufficiency of the sureties 
therein, or the amount of the bond, or for any other 
cause. Whenever any such exception shall be so made 
to any such bond, the register shall.give notice thereof 
to the executor or administrator and require him to 
appear before him in a reasonable time, not exceeding 
ten days, and show cause against the allowance of such 


65 


exception. If upon the hearing of the objections of all 
_persons interested, and of such executor or adminis- 
trator, or of such of them as shall appear, such regis- 
ter shall see cause, he shall order such executor or ad- 
ministrator to find additional sureties, or to give se- 
curity in a larger amount, or make such other order as 
the case may require. If such executor or administra- 
tor shall refuse to comply with such order, or if he 
shall neglect so to do during the space of thirty days. 
after the making thereof, the register shall revoke the 
letters granted to him, and grant other letters in such 
form as to the case shall reuire, to the person by law 
next entitled thereto, such person giving to such regis- 
ter the security by him ordered as aforesaid. No such 
exception shall be so made, or proceedings thereunto 
be had before the register, after three months elapsed 
from the time of the filing of a full and perfect inven- 
tory by such executor or administrator of the whole 
of the estate in question. 


Section 9 (a) All bonds given or hereafter to be 
given by fiduciaries shall be held in trust for the use of 
the Commonwealth, and sueh person or persons as may 
be interested therein; and suits may be brought there- 
on, from time to time, by all persons interested therein, 
as provided in the sixth section of the act entitled, ‘‘ An 
act relating to bonds, with penalties and official 
bonds,’’ approved the fourteenth day of June, eighteen 
hundred and thirty-six. 


(6) Whenever any fiduciary has heretofore given, or 
shall hereafter give, any bond conditioned for the due 
performance of his duties, or for the accounting for 
money in his hands, such fiduciary or any creditor, 
beneficiary, or other party in interest, may present a 
petition to the orphans’ court of the proper county, 
alleging that the amount of such bond is greater than 
the exigencies of said trust require and setting forth 
. the facts and circumstances upon which such allegation 
is based, and praying that such bond be reduced to an 
amount which shall be stated in the petition. At the 


66 


hearing of said petition, after such notice as the court 
may require, if any, the court may, at its discretion, 


reduce the bond to such an amount as it may deem 


proper and necessary to give adequate protection to all 
parties concerned, but not to an amount lower than 
that specified in said petition. The costs of said pro- 
ceedings shall, at the discretion of the court, be paid 
out of the estate to protect which said bond was given, 
or by the petitioner. 

(c) Any fiduciary,. required Dy law or by the order 
of any orphans’ court, to give a bond as such, may 
include as a part of the lawful expense of executing his 
trust such reasonable sum paid to a company, author- 
ized under the laws of this state so to do, for becoming 
his surety on such bond as may be allowed by the court 


in which he is required to account, not exceeding, how- 


ever, one per centum per annum on the amount of such 
bond. 

Section 10. The executors or administrators of 
every decedent shall, immediately after the granting of 
letters testamentary or of administration to them, 
cause notice thereof to be given in one newspaper, pub- 
lished at or near the place where such decedent re- 
sided, and in the legal periodical if any designated 
by rule of court for the publication of legal notices, 
once a week, during at least six successive weeks, to- 
gether with their names and places of residence, and 
in every such notice they shall request all persons 
having claims or demands against the estate of the 
said decedent to make known the same, and all per- 


sons indebted to the said decedent to make payment, 


to them without delay. 

Section 11 (a) It shall be the duty of the said exe- 
eutors or administrators to make a true and perfect 
inventory of all the goods, chattels and credits of the 
deceased, as far as they may know or can ascertain 
them, and file the same in the register’s office within 
thirty days from the time of administration granted: 
Provided, That in the case of a will of a decedent, not 


« 


67 


resident, at the time of his decease, within this Com- 
monwealth, proved in another state or in a foreign 
country, whereof letters testamentary or of adminis- 
tration with the will annexed may be granted in this 
state, or in a case of ancillary administration of the 
estate of a non-resident intestate, the inventory herein 
mentioned shall be of the goods, chattels and credits 
of the deceased within this Commonwealth. 


(b) In case of the failure or refusal of any executor 
or administrator to file an inventory as aforesaid, the 
orphans’ court shall have power, on petition of any 
ereditor of the decedent or any party in interest, to 
issue a citation to such executor or administrator to. 
show cause why he should not file such inventory and, 
if no sufficient cause be shown on the return of such 
citation, said court may order the filing of such inven- 
tory, and may enforce such order by attachment as in 
other cases. 

(c) All bonds, notes and other evidences of debt, 
also all other claims and demands for money, or any 
other personal property owned or held by the deceased 
at the time of his decease, shall, as far as the same may 
be known to his executors or administrators, be in- 
cluded in the inventory to be made and returned as 
aforesaid. 

(d) The appointment of any person to be an execu- 
tor shall in no case be deemed a release or extinguish- 
ment of any debt or demand which the testator may 
have had against him, but such debt shall be included 
in the inventory, and be subject to distribution like 
other persqnal estate. 

(e) The rents of any real estate accruing to any 
person as tenant for life of such estate, who had de- 
mised the same, for a term or time not fully expired at 
his decease, shall go to and be vested in the executors 
or administrators of such tenant, and the due propor- 
tion of such accruing rent, to be computed according 
to the time elapsed at the decease of such tenant, shall 
be included in the inventory of personal assets. 


68 


(f) The arrearages of any rent-charge, or other 
rent or reservation in nature of a rent, due at the 
death of any tenant of such rent, in fee-simple or fee- 
tail, or for term of life or lives, shall go to and be 
vested in the executors or administrators of such ten- 
ant, and be included in the inventory, and appraised as 
personal assets. 

(g) All estates in lands or tenements, of which the 
decedent was seised at the time of his decease, for the 
life or lives of another person or persons, shall, unless 
such estate have been limited to the decedent and his 
heirs, go to the executors or administrators of such de- 
cedent, and be included in the inventory, and be subject 
to distribution in like manner as leases for terms of 
years. | 

(kh) Whenever personal property or assets of any 
kind, not contained in the inventory made and re- 
turned as aforesaid, shall afterwards come to the pos- 
session or knowledge of the executor or administrator, 
he shall make an inventory thereof and file the same in 
the office of the proper register, within thirty days 
from the time of the discovery thereof. 

(1) Every executor or administrator shall cause a 
just appraisement to be made, by two or more apprais- 
ers, of the goods, chattels and credits of the decedent, 
of which an inventory is to be made, agreeably to the 
preceding clauses of this section; and the said apprais- 
ers shall be sworn or affirmed well and truly, and with- 
out prejudice or partiality, to value and appraise said 
goods, chattels and credits, and in all respects to per- 
form their duty as appraisers, to the best of their skill 
and judgment. 

(7) It shall be the duty of the executors and admin- 
istrators, having given convenient notice to the ap- 
praisers of the decedent’s estate, of a time and place 
for making the inventory and appraisement thereof, 
to produce or make known to them, in the presence of 
such of the persons interested in the estate as may at- 
tend, the whole of the personal estate of the decedent, 


69° 


which may have come to their possession or knowl- 
edge; and the inventory and appraisement thereof be- 
ing finished, and certified by the appraisers, to file 
the same in the office of the proper register. 


(‘) The appraisers of the estate of a decedent shall 
be respectively entitled to receive therefrom, as com- 
pensation for their services in appraising the estate 
as aforesaid, such sum as the orphans’ court having 
jurisdiction of the accounts of the executors or admin- 
istrators shall deem proper, taking into consideration 
the labor, skill and. responsibility involved. 

Section 12 (a) The widow, if any, or, if there be no 
widow or if she has forfeited her rights, then the chil- 
dren forming part of the family of any decedent dying, 
testate or intestate, within this Commonwealth, or 
dying outside of this Commonwealth, but whose estate 
is settled in this Commonwealth, may retain or claim 
either real or personal property, or the proceeds of 
either real or personal property, belonging to said es- 
tate, to the value of five hundred dollars, and the prop- 
erty so retained or claimed shall not be sold, but 
suffered to remain for the use of the widow or children. 
It shall be the duty of the executor or administrator 
of such decedent to have the said property, if personal, 
appraised and set apart to said widow or children by 
the appraisers appointed to appraise the other per- 
sonal estate of the decedent, or, if real, then by two 
appraisers to be appointed by the orphans’ court, who 
may be the same persons appointed to appraise the 
personal estate. If said five hundred dollars, or any 
part thereof, shall be claimed out of money or the pro- 
ceeds of real or personal property belonging to the 
estate, it shall be the duty of the executor or adminis- 
trator to set apart to said widow or children the 
amount so claimed out of said money or out of the 
proceeds of said real or personal property after he 
shall have sold the same. Should any or all of the ap- 
praisers of the other personal estate be unable to make 
the appraisement of personal property provided for 


70 


by this section, or should there be no such appraisers, 
the orphans’ court of the proper county may appoint 
a properly qualified appraiser or appraisers to act in 
the place of said appraiser or appraisers of the other 
personal estate of the decedent. 


(b) The provisions of this section allowing the 
widow or children of a decedent to retain real prop- 
erty, or the proceeds thereof, to the value of five hun- 
dred dollars shall not affect or impair any liens for the 
purchase money of such real property. 


(c) Such appraisers shall be sworn or affirmed to 
appraise the property claimed by the widow or chil- 
dren of the decedent under the provisions of this act. 
The compensation of such appraisers for making an 
appraisement of personal property shall be included 
in the compensation allowed by the orphans’ court for 
the performance of their duties as appraisers of the 
other personal estate of the decedent, and shall be paid 
out of the decedent’s estate; and the compensation of 
appraisers appointed by the orphans’ court as afore- 
said shall be fixed by said court and shall also be paid 
out of the decedent’s estate. 

(d) Upon due proof of compliance with such re- 
quirements as to notice, by advertisement or other- 
wise, as may be prescribed by the orphan’s court of 
the proper county by general rule or otherwise, such 
court may enter a decree directing the payment of the 
money, or confirming the appraisement of the personal 
or real estate chosen by said widow or children, and 
said appraisement, signed and certified by the apprais- 
ers and approved by the court, shall be filed among the 
records thereof: Provided, That all expenses of such 
advertisement or notice shall be paid out of the dece- 
dent’s estate. 

(e) 1. In the case of any decedent leaving to sur- 
vive him any minor child or children forming part of 
his family, and no widow, his administrator or execu- 
tor, wthout reuest made to him by any one, shall have 
appraised and set aside, for the use and benefit of all 


fay 


such minor children of said decedent, property to the 
full value of five hundred dollars. 

2. The guardian of said child or children, and if 
there be none, the administrator or executor, with the 
appraisers, shall make selection of the property to be 
set aside, and in so doing, the said guardian, or the 
said administrator or executor, with the appraisers, 
shall be governed by the necessities of such child or 
children, under the circumstances of each case. 

(f) When any decedent shall leave to survive him a 
widow or children and an estate not exceeding in value 
five hundred dollars it shall be lawful for such widow, 
or for such children by any next friend or guardian, if 
to said children the right belongs, to petition the or- 
phans’ court of the proper county for the appoint- 
ment of two appraisers, who shall appraise and set 
aside any property of said decedent, selected by such 
widow or by such next friend or guardian, in the same 
manner and with the same effect as if letters testa- 
mentary or of administration had issued and the ap- 
praisers been selected in the usual way. Such apprais- 
ers shall be sworn or affirmed, and shall receive for 
their services such compensation as shall be allowed 
by said court. 

_(g) Whenever the widow or children of any decedent 
shall claim the sum of five hundred dollars in value, or 
any part thereof, under the provisions of this act, out 
of real estate left by said decedent, and the real estate 
appraised cannot be divided so as to set apart the 
amount so claimed in value without prejudice to or 
spoiling the whole or any parcel of said real estate, and 
the appraisers may have appraised or shall appraise 
and value the same at an amount equal to or exceeding 
the amount claimed by said widow or children out of 
said real estate, over and above the liens that are upon 
it, the orphans’ court to which such application shall 
be made may confirm such appraisement and set apart, 
for the use of the widow or children, such real estate, 
subject to whatever liens may be against the same; con- 


(2 


ditioned, however, that the widow or children shall pay 
the amount of the valuation or appraisement, over and 
above the liens that may be against the said real estate, 
in excess of the amount claimed by said widow or 
children out of said rea! estate, within one year from 
the date of confirmation vf such valuation. If the 
_ widew or children making such claim shall fail to make 
payment as above provided, the court, on application 
of any person interested, shall direct the executor or 
administrator to sell the said real estate, and the pro- 
cedure in such ease shall be the same as is provided 
by law in eases of sales of real estate fo1 the payment 
of debts of a decedent 


(h) The real estate, if taken by the widow or chil- 
dren as aforesaid, shall vest in her or them and her or 
their heirs or assigns, subject to any liens upon it, on 
her or their paying the surplus over and above the 
amount claimed by her or them out of said real estate 
to the parties entitled thereto. Should the real estate 
be sold as provided in clause (g) of this section, then 
the sum of five hundred dollars or such part thereof as 
may be claimed out of the real estate shall be paid 
out of the purchase money to the widow or children, 
and the balance, after payment of costs and expenses, 
distributed to the heirs or other persons legally en- 
titled thereto. 

(2) In all eases where the appraisement of property, 
real or personal or both, is confirmed and the property 
set apart to the widow or children under the provisions 
of this section, said widow or children shall be entitled 
to receive for her or their own use the net rents, in- 
come, interest and dividends thereof from the date of 
the death of such decedent: Provided, That where the 
property so set apart shall consist of real estate ap- 
praised at an amount exceeding the amount claimed 
by said widow or children out of said real estate, over 
and above the liens that are upon it, and the widow or 
children shall fail to pay the excess over the amount 
so claimed as provided in clause (g) of this section, 


73 


and the property shall thereupon be sold, there shall be 
deducted from the sum to be paid to said widow or 
children out of the proceeds of such sale a propor- 
tionate part of the rents and income of such real estate 
received by such widow or children. 


(7) Whenever the widow or children of any decedent 
shall claim the said five hundred dollars in value, or 
any part thereof, under the provisions of this section, 
out of the real estate left by the said decedent and ly- 
ing in any county of this State other than the county 
wherein said decedent shall be domiciled at the time of 
his death, and the orphans’ court having jurisdiction 
of the accounts of the personal representatives of said 
decedent shall be satisfied, upon petition filed, of the 
propriety of allowing such claim, it shall be lawful 
for such court to make a decree authorizing such 
widow or children to file her or their petition in the 
orphans’ court of the county wherein such real estate 
may lie, or, in a case where the real estate is divided 
by a county line, in the county where the mansion 
house may be situated, or, if there be no mansion 
house, in the county where the principal improvements 
may be, or, if there be no improvements, in either 
county, praying for the appointment of two ap- 
praisers. Upon the filing of such petition duly veri- 
fied, it shall be the duty of the latter court to appoint 
such appraisers, who shall be duly sworn or affirmed, 
and shall appraise said real estate, and shall be com- 
pensated as directed by said court; and proceedings 
shall thereupon be had in said court and subject to its 
supervision and control, in the same manner, and with 
the same effect as is provided in clauses (qg), (h) and 
(2) of this section. In every such case a certified copy 
of the decree confirming such appraisement, or of such 
decree of sale and the confirmation thereof, as the case 
may be, shall forthwith be filed with the elerk of the 
orphans’ court having jurisdiction of the accounts of 
the personal representatives of the said decedent. The 
latter court shall in all cases have exclusive jurisdic- 


14 


tion of the distribution of the surplus paid by such 
widow or children, or of the proceeds of such sale, 
after the payment of costs and expenses, as the case 
may be. 

(k) In all cases where a decree shall be entered by 
any orphans’ court confirming an appraisement of real 
estate and setting apart the same for the use of the 
widow or children, a certified copy of such decree shall 
be recorded in the office of the recorder of deeds of each 
county where such real estate shall lie, in the deed 
book, and shall be indexed by the recorder in the 
grantors’ index under the name of the decedent, and 
in the grantees’ index under the name or names of 
the widow or children, and shall be registered in the 
survey bureau, or with the proper authorities empow- 
ered by law to keep a register of real estate, if any 
there be, in each of said counties. The charges for 
recording and registering shall be the same as are 
provided by law for similar services, and shall be paid 
out of the estate of the decedent. 

Section 13 (a) All debts owing by any person with- 
in this State, at the time of his decease, shall be paid 
by his executors or administrators, so far as they have 
assets, in the manner and order following, namely: 
One. Funeral expenses, medicine furnished and medi- 
eal attendance given during the last illness of the de- 
cedent, and servants’ wages, not exceeding one year; 
T'wo. Rents, not exceeding one year; Three. All other 
debts, without regard to the quality of the same, ex- 
cept debts due to the Commonwealth, which shall be 
last paid. 

(b) No executor or administrator shall be compelled 
to pay any debt of the decedent, except such as are by 
law preferred in the order of payment to rents, until 
six months be fully elapsed from the granting of the 
administration of the estate. 

Srotion 14. Rents of real estate accruing after the 
death of the owner of such real estate, who shall die 
on or after the day on which this act shall go into 


753 


effect, shall be assets for the payment of debts of such 
decedent whenever the personal estate shall be insuf- 
ficient therefor. Whenever the personal estate of such 
decedent shall appear to be probably insufficient for 
the payment of debts, the orphans’ court having juris- 
diction of the accounts of the executor or administra- 
tor shall, upon application of any creditor of the dece- 
- dent, or upon application of the executor or adminis- 
trator, or of any other person interested, authorize 
and direct the executor or administrator to collect 
such rents for such period as the court shall fix. In. 
such case, the executor or administrator shall have 
-power to collect such rents by action at law, distress, 
or otherwise, as the decedent, in his lifetime, might 
have done as to rents of such real estate; and rents so 
collected shall be accounted for by the executor or 
administrator in his account of the personal estate of 
the decedent. 


Section 15. (a) No debts of a decedent, including 
the cost of settlement of the estate, and the funeral 
expenses of the decedent, except as provided in clauses 
(b), (g) and (h) hereof, shall remain a lien on the real 
estate of such decedent longer than one year after the 
decease of such debtor, unless within said period an 
action for the recovery thereof be brought against the 
executor or administrator of such decedent, and such 
action shall be indexed, within said period, against the 
decedent and such executor or administrator, in the 
judgment index in the county in which such action is 
brought, and also in the county in which the real estate 
sought to be charged is situate, and be duly prosecuted 
to judgment; and then to be a lien only for the period 
of five years unless the same be revived by writ of 
scire facias against the decedent, his heirs, executors, 
or administrators, and the devisee, alienee, or owner 
of the land sought to be charged, in the manner now 
provided in the case of the revival of judgments. 

The plaintiff may, at his election, join such surviving 
spouse and heirs, and the devisee, alienee, or owner of 


76 


the land in such original action, in which event such 
action shall be indexed as aforesaid against all defend- 
ants so joined. 


(b) No bond, covenant, debt or demand which is not 
payable within the said period of one year after the 
decease of the debtor, shall remain a lien upon the real 
estate of such decedent longer than one year after his 
death, unless, within said period after his decease, a - 
copy or particular written statement thereof be filed in 
the office of the prothonotary of the county where the 
real estate to be charged is situate, and be indexed 
against the decedent and the executor or administrator 
in the judgment index in the county where the execu-: 
tor or administrator resides and also in the county in 
which the real estate sought to be charged is situate; 
and then to be a lien only for the period of one year 
after the said bond, covenant, debt, or demand becomes 
due, unless within said period of one year an action 
for the recovery thereof be brought, indexed and duly 
prosecuted to judgment as provided in clause (a) of 
this. section. | 

(c) The provisions of clause (a) of this section shall 
be retroactive: Provided, however, That in ease of 
any bond, covenant, debt, or demand that would be 
sooner barred, an action for the recovery thereof may 
be commenced within one year after the passage of 
this act, in manner as provided in clause (a) of this 
section. 

(d) It shall be the duty of the prothonotary of any 
eounty of this Commonwealth, when an action is 
brought or statement is filed as aforesaid in his office, 
upon praecipe of the plaintiff or his attorney, to index 
the same against the decedent, his executor or admin- 
istrator, and any other defendants therein, in the judg- 
ment index, as other liens are indexed, and to certify 
the same as liens in any certificate of liens that he may 
be required to make by virtue of his office. The pro- 
thonotary of any court in which said action may be 
brought, shall, upon request, furnish a copy of such 


tigi 


praecipe, which, when duly certified, under the seal of 
the court, may be filed in any other county of this 
Commonwealth in which the real estate sought to be 
charged with the debts of such decedent may be situate, 
and when so filed shall be indexed, against the parties 
named therein, upon the judgment index in such county. 

(e) No execution for the levy or sale of any real 
estate of any decendent shall be issued upon any judg- 
ment obtained in an action against his personal repre- 
sentatives under the foregoing clauses of this section 
unless the surviving spouse and heirs and the devisee, 
alienee or owner of the land sought to be charged, and 
the guardians of such as are minors shall have been 
made parties to such action, or, if they shall not have 
been so made parties, unless they shall be warned by a 
writ of scire facias issued against them on such judg- 
ment. If any of the parties reside outside of the 
county, the court may, by general rule or special order, 
direct service of such writ of scire facias by publica- 
tion or otherwise. 

(f) Judgments which were not liens on the real es- 
tate of the decedent by entry or revival, by due process 
of law, within five years prior to the death of such 
decedent, shall not be revived as liens of record against 
real estate by the death of the defendant, but shall 
rank and be treated simply as ordinary debts not of 
record, and the lien thereof shall be continued after the 
expiration of one year from the decease of such debtor 
only by writ of scire facias to revive, issued within one 
year after the death of the decedent, indexed as pro- 
vided in clauses (a) and (d) of this section, and duly 
prosecuted to judgment; and then to be a lien only 
for the period of five years unless the same be revived 
by writ of scire facias as provided in clause (a) of this 
section. 

(g) All judgments which at the time of the death of 
a decedent shall be liens on real estate owned by said 
decedent at the time of his death, or on real estate 
which shall have been conveyed by deed not duly re- 


78 


corded during his lifetime, shall continue to bind such 
real estate during the term of five years from his 
death, although such judgments be not revived by scire 
facias or otherwise after his death. Such judgments 
shall, during such term, rank according to their pri- 
ority at the time of such death, and after the expiration 
of such term such judgments shall not continue liens 
on the real estate of such decedent unless revived by 
scire facias or otherwise, according to the laws regulat- 
ing the revival of Judgments. Any judgment against 
such decedent which may be a lien upon real estate sold 
or aliened by such decedent during his life may be re- 
vived by writ of scire facias, according to law; and, 
for the purpose of any such revival, the writ of scire 
facias may be issued in the name of such decedent, with 
the same force and effect as if it were issued in the 
name of his executors, administrators, or legal repre- 
sentatives; but, before any judgment shall be entered 
thereon, the legal representatives shall be made parties 
defendant, and a scire facias shall be served on such 
legal representatives. 


(h) Nothing contained in this section shall in any 
way affect or impair the len of any mortgage given 
and executed and duly recorded during the lifetime of 
any. decedent; but the bond secured by such mort- 
eage, except as to real estate on which said mortgage 
is a lien, shall be subject to all the provisions hereof. 

(1) No execution for the levy or sale of any real or 
personal estate of any decedent shall be issued upon 
any judgment obtained against him in his lifetime, un- 
less his personal representatives have been first 
warned by a writ of scire facias to show cause against 
the issuing thereof, notwithstanding the teste of such 
execution may bear date antecedently to his death. 

(7) In all eases where property, real or personal, of 
a decedent is sold upon an execution, and more money 
raised than is sufficient to pay off liens of record, the 
balance shall be paid over to the executor or adminis- 
trator for distribution; but before any such payment 


Go 


shall be made, such executor or administrator shall 
give bond, to the satisfaction of the court, conditioned 
for the legal distribution of such money: Provided 
always, That such money shall be distributed as the 
real estate of which it is the proceeds would have been. 

(kK) In every case of an execution against the execu- 
tors or administrators of a decedent, whether founded 
upon a judgment obtained against such decedent in 
his lifetime, or upon a judgment obtained against them 
in their representative character, if it shall be made 
to appear, to the satisfaction of the court issuing such 
execution, that there is reason to believe that the per- 
sonal assets and the rents of real estate are insufficient 
to pay all just demands upon the estate, such court 
shall thereupon stay all proceedings upon such execu- 
tion, until the executors or administrators shall have 
made application to the proper orphans’ court for the 
sale of the real estate of the decedent, or for the ap- 
portionment of the assets, or both, as the case may re- 
quire. 

(?) It shall be competent for the court, in the cases 
aforesaid, on application of the plaintiff in such judg- 
ment, or of any other person interested as heir, de- 
visee or otherwise, to order the executors or adminis- 
trators to make application to the orphans’ court for 
the purpose as is hereinbefore mentioned, and to en- 
force such order by attachment. 

Srection 16 (a) Whenever it shall satisfactorily ap- 
pear to the executor or administrator that the personal 
estate of the decedent, together with the rents of real 
estate, is insufficient to pay all just debts and the ex- 
penses of the administration, he shall proceed, with- 
out delay, in the manner hereinafter provided, to sell 
or mortgage, under the direction of the orphans’ court 
having jurisdiction of his accounts, so much of the real 
estate as shall be necessary to supply the deficiency. 

(b) The orphans’ court which possesses jurisdiction 
of the accounts of an executor or administrator shall 
have power to authorize a sale or mortgage of real 


80 


estate by such executor or administrator in the follow- 
ing cases, viz. :— 

1. On the application of the executor or administra- 
tor, setting forth that the personal estate and the rents 
of real estate of the decedent are insufficient for the 
payment of debts. 

2. On the application of such executor or adminis- 
trator, or of any creditor of the decedent, setting forth 
that on the final settlement of the administration ac- 
count, it appears that the personal assets together with 
the rents of real estate of the decedent are insufficient 
to pay the balance appearing to be due from the es- 
tate of such decedent, either to the accountant or 
creditors. 3 

(c) No authority for the sale or mortgage of real 
estate, for the payment of debts of a decedent, shall 
be granted until the executor or administrator shall 
have exhibited to the court having jurisdiction of his 
accounts a true and perfect inventory and conscionable 
appraisement of all the personal estate whatsoever of 
the decedent, together with a full and correct state- 
ment of all the real estate of such decedent, wherever 
situated, which has come to his knowledge, and of the 
rental value of such real estate; and also a just and 
true account, upon oath or affirmation, of all the debts 
of the decedent which have come to his knowledge. 

(¢d) When a mortgage authorized under the pro- 
visions of this section shall fall due or shall be about 
to fall due, the orphans’ court which authorized such 
mortgage may, on the application of the executor or 
administrator or of any party in interest, and although 
the period of the lien of the decedent’s debts may have 
expired at the time of such application, authorize the 
refunding of such mortgage and the making of a new 
bond and mortgage, the proceeds of which may be used 
for the payment and satisfaction in whole or in part of 
the said existing mortgage and necessary expenses. 
Such new mortgage may be for such period and on such 
terms as to said court shall seem advisable. 


81 


(e) In all cases where an application shall be made 
to the court for a decree authorizing the sale or mort- 
gage of real estate under the provisions of this section, 
the court may appoint a suitable person as master to 
investigate the facts of. the case, and to report upon 
the expediency of granting the application, and the 
amount to be raised by such sale or mortgage; and 
upon such report being made, the court may decree 
accordingly. 


(f) In all cases where the carrying out of any de- 
eree of the orphan’s court under the provisions of this 
section shall involve the receipt of money by the per- 
son carrying it out, the court shall direct the person 
acting under the decree to file a bond to the Common- 
wealth in a sufficient amount conditioned for the proper 
application of all moneys to be received, which bond 
shail inure to the benefit of all parties interested and 
be executed by two individual sureties. or by one cor- 
porate surety, approved by the court, and no such de- 
eree shall be executed until such bond, with sureties 
as may be required, shall be filed: Provided, That 
where a corporation, duly authorized by law, shall be 
designated to carry out any such decree, the court may, 
in lieu of security as aforesaid, permit such .corpora- 
tion to enter its own bond without surety. 


(g) Whenever, by the provisions of this section, it © 
shall be lawful for the court to order the public sale 
of real estate, public notice of such sale shall be given 
. by the person who is to make the sale, once a week for 
a period of three weeks before the day appointed there- 
for, by advertisement in at least one newspaper pub- 
lished in the county, if there be one, or, if there be 
none, then in an adjoining county; and in all cases, 
notice shall also be given by handbills, one of which 
shall be posted at a conspicuous place on the real es- 
tate proposed to be sold, and at least three of which 
shall be posted at three of the most public places in the 
vicinity of such estate. 


82 


(h) Whenever, under the provisions of this section, 
the court has power to authorize or confirm a sale of 
real estate, the same may be made upon such terms as 
the court shall approve, all unpaid purchase money to 
be secured on the premises by mortgage. 


(2) All deeds or mortgages executed in pursuance of 
any decree of the court under the provisions of this 
section may be acknowledged before any officer or per- 
son now or hereafter authorized by the laws of this 
Commonwealth to take the acknowledgments of deeds 
and other instruments of writing to be recorded 
therein. 

(7) 1. In all eases where the sale of real estate shall 
be made by an executor or administrator under an 
order of, or confirmed by, the orphans’ court, or where 
the making of a mortgage by such executor or admin- 
istrator shall be authorized by said court, under the 
provisions of this section, and the letters testamentary 
or of administration shall be revoked, or the executor 
or administrator shall be removed by the court, or 
shall die, or become insane, or otherwise be incapable, 
before a conveyance is made to the purchaser, or be- 
fore a mortgage is executed and delivered, it shall be 
lawful for the successor of such executor or adminis- 
trator, having first given security, to be approved by 
the said court, for the faithful appropriation of the 
proceeds of such sale or mortgage, to execute and de- 
liver to the purchaser a deed of conveyance for the 
estate so sold, on the purchaser’s full compliance with 
the terms and conditions of sale, or to execute and 
deliver said mortgage. If there shall be no such suc- | 
cessor who shall have given security as aforesaid, the 
said court shall have power, on petition of the pur- 
chaser, to direct the clerk of the court to execute and 
deliver to the purchaser the necessary deed of convey- 
ance, on his full compliance with the terms and condi- 
tions of sale, paying into court the moneys payable, 
and executing and delivering to the clerk any bond and 
mortgage required by the said terms and conditions, 


83 


which moneys and bond and mortgage shall remain 
subject to the disposition of the court; or, where the 
making of a mortgage by an executor or administrator 
shall be authorized by said court, the court, under the 
circumstances aforesaid, shall have power to direct the 
clerk of the court to execute and deliver such mortgage. 
The like proceedings may be had where an executor or 
administrator shall neglect or refuse to execute and 
deliver such deed or mortgage for the space of thirty 
days after due notice of an order of the court requir- 
ing him to execute and deliver the same. 


2. In all cases where the sale of real estate shall be 
made by co-executors or co-administrators under an 
order of, or confirmed by, the orphans’ court, or where 
the making of a mortgage by such co-executors or co- 
administrators shall be authorized by said court, under 
the provisions of this section, and one or more of such 
co-executors or co-administrators shall be removed by 
said court, or shall die, or become insane, or otherwise 
be incapable, before a conveyance is made to the pur- 
chaser, or before such mortgage is executed and deliv- 
ered, said court may, upon the facts being made to 
appear by petition duly verified, authorize the surviv- 
ing or remaining executor or executors, administrator 
or administrators, to execute and deliver to the pur- 
chaser a deed of conveyance for the real estate so sold, 
on the purchaser’s full compliance with the terms. and 
conditions of sale, or to execute and deliver such 
mortgage. 

3. Where authority is or shall be given by decree of 
any orphan’s court to executors or administrators to 
sell real estate, under the provisions of this section, 
and any of such executors or administrators shall have 
died, been removed, become insane or otherwise be in- 
capable or cease to act, before a sale is effected, in all 
such cases, said court may, upon the facts being made 
to appear by petition duly verified, authorize the sur- 
viving or remaining executor or executors, adminis- 
trator or administrators to effect such sale with as 


84 


full effect in all particulars, as if effected or executed 
by the executors or administrators in office at the time 
the sale was originally decreed. 

4. Every sale made, and every deed or mortgage 
executed and delivered in pursuance of, and agreeably 
to the provisions of this section shall vest the prop- 
erty therein described in the grantee or mortgagee, as 
fully and effectually as if the same had been made, 
executed and delivered by all the executors or admin- 
istrators to whom the authority to sell or mortgage 
was originally given. 

5. In all cases of sales or mortgages under the order 
of, or confirmed by the orphans’ court, under the pro- 
visions of this section, the title of the purchaser or 
mortgagee shall not be affected by the subsequent re- 
vocation of the letters testamentary or of administra- 
tion of the executor or administrator making such sale 
or mortgage, or by the subsequent removal of the 
executor or administrator making such sale or mort- 
gage. | 

6. Whenever, in pursuance of proceedings in the 
orphans’ court of any county under the provisions of 
this section, any person therein described as an execu- 
tor or administrator shall grant and convey or mort- 
gage any real estate, in which proceedings security 
shall be duly entered by him or her, under the order 
or decree of the court, no irregularity or defect in his 
or her original appointment, or the absence of any 
proper qualification in respect thereto, shall affect the 
title of the grantee or purchaser, or the lability of 
the sureties, but the same shall be as valid in all re- 
shall, in any case within its jurisdiction, give authority 
spects as if such irregularity or defect had not existed. 

(k) Whenever any orphans’ court, having jurisdic- 
tion under this section to decree a sale or mortgage of 
real estate, shall issue its order to any executor or 
administrator to sell or mortgage such real estate, and 
to any executor or administrator to bid at such sale, 
and shall confirm the sale to such fiduciary, or shall 


85 


authorize the making of such mortgage to any executor 
or administrator, the said court may make an order 
directing its clerk to execute a deed. or mortgage, as 
the case may be, for said real estate to such purchaser 
or mortgagee, who shall give security and shall ac- 
count for the amount of said purchase money or mort-’ 
gage money, in the settlement of his accounts, to said 
court. 


(J) 1. When the real estate, with respect to which 
application shall be made to the orphans’ court having 
jurisdiction of the accounts of the executor or admin- 
istrator, in cases of sales or mortgages for the pay- 
ment of debts of decedents under clause (b) of this 
section, is situated in the same county, the said court 
may order the sale or mortgage of such part or so 
much of such real estate as to them shall appear neces- 
sary. When the real estate is situated wholly in an- 
other county or counties, and the orphans’ court to 
which such application shall be made shall be satisfied 
of the propriety of a sale or mortgage of some portion 
of such real estate not within their jurisdiction, it shall 
be lawful for such court to make a decree authorizing 
the raising of so much money as the said court may 
think necessary, from real estate situated in such 
county or counties as they may designate; and there- 
upon it shall be the duty of the orphans’ court of the 
county wherein the real estate so designated is sit- 
uated, upon the petition of such executor or adminis- 
trator, to make an order for the sale or mortgage, 
as they shall think expedient, of so much and such 
parts of such real estate as shall, in their opinion, be 
necessary to raise the specified sum; and such execu- 
tor or administrator shall in all cases make return of 
his proceedings, in relation to such sale or mortgage, 
to the orphans’ court of the county in which the real 
estate so sold or mortgaged lies: Provided, That 
where the orphans’ court to which such application 
shall be made shall make a decree authorizing the rais- 
ing of money from real estate which is wholly without 


86 


the county where such application shall be made and 
is divided by a county line, the further proceedings 
shall be in the orphans’ court of the county where the 
mansion house is situated, or, if there be no mansion 
house, in the county where the principal improvements 
are, or, if there be no improvements, in either county. 


2. When application shall hereafter be made to the 
orphans’ court having jurisdiction of the accounts of 
any executor or administrator for leave to sell or mort- 
gage the real estate of a decedent or any part of the 
same for the payment of debts of such decedent under 
the provisions of this section, and any part of said real 
estate is situated partly in the county where said appli- 
eation shall be made and partly in one or more other 
counties, by reason of a county line or lines running 
through the same, the said court shall have power 
to order and direct the sale or mortgage of the whole 
or any part of said tract of land, irrespective of the 
county boundary lines, and such sale or mortgage shall 
be as effectual to pass the title of such real estate to 
the purchaser or mortgagee as if the whole of said 
tract of land had been within the boundaries of the 
county having jurisdiction of the accounts of the 
executor or administrator. Notices of said sale or 
mortgage, as required by this section, shall be given 
in all the counties in which the land is situated, and a 
certified copy of all proceedings in connection with 
said sale or mortgage shall be filed in the orphans’ 
court of each county in which said land is situated. 
Any mortgage taken by such executor or administra- 
tor to secure the purchase money, or any part thereof, 
shall be duly recorded in each of the counties in which 
said lands lie, as now required by law. 

(m) 1. The orphans’ courts of the several counties 
of this Commonwealth, in all cases where, under the 
provisions of this section, such courts have power to 
order the sale of real estate, may authorize or direct 
a private sale, if, in the opinion of the court, under all 
the circumstances, a better price can be obtained at 


87 


private than at public sale, as where the interest shall 
be undivided, or for any other sufficient cause. 


2. Before authorizing or directing any private sale 
of real estate for payment of debts of a decedent, pub- 
lie notice thereof shall be given by advertisement 
printed in at least one newspaper, published in the 
county where such real estate is situated, once a week 
for a period of three weeks prior to the date fixed by 
such order for authorizing or directing such sale; and 
also written or printed notices, one of which shall be 
posted at a conspicuous place on the real estate pro- 
posed to be sold, and at least three of which shall be 
posted at three of the most public places in the vicinity 
of such real estate; and, before authorizing or direct- 
ing such sale, the court shall require proof, by affidavit 
to be filed in the proceeding, that notice as aforesaid 
has been given. Such notice shall specify the location 
and description of the real estate proposed to be sold, 
the name of the proposed purchaser and the price 
agreed to be paid. 

3. On the day fixed by such order and notice for 
authorizing or directing such private sale, any cred- 
itor of such decedent, or party interested as heir, de- 
visee or intending purchaser, or any legatee whose 
legacy is, by the express terms of the will, or by law, 
charged on such real estate, may appear and object to 
such private sale on account of the insufficiency of the 
price, and, if such objection be sustained, may offer to 
give or pay a substantial increase for such property, 
and the court, at its discretion, may thereupon author- 
ize or direct such sale, or refuse to authorize or direct 
the same, and accept any substantial increased offer, 
and may authorize the sale of such property to such 
new bidder upon compliance with the conditions of sale 
and giving such security as shall be directed by the 
court; or, such creditor, party interested or legatee 
may appear as aforesaid and object to such sale on 
any legal or equitable grounds: Provided, That noth- 
ing herein contained shall be construed to affect the 


88 


existing law with respect to objections to public sales. 

(n) All public sales of real estate under the pro- 
visions of this section shall be subject to confirmation 
by the court; but in the case of private sales authorized 
or directed under the provisions of this section, no 
return or confirmation shall be necessary. 

(0) All public or private sales of real estate under 
the provisions of this section shall have the effect of 
judicial sales as to the discharge of liens upon the real 
estate so sold: Provided, That the court may decree 
a sale of the real estate freed and discharged from the 
hen of any mortgage otherwise preserved from dis- 
charge by existing law, if the holder of such mortgage, 
by writing filed in said court, shall consent to the sale 
being so made. 

(9) Whenever a public or private sale of real estate 
shall be authorized or directed by any orphans’ court 
under the provisions of this section, the person or per- 
sons purchasing the real estate so sold and taking title 
thereto in pursuance of the decree of the court, shall 
take such title free and discharged of any obligation 
to see to the application of the purchase money. 


Section 17 (a) It shall and may be lawful for any 
executor, administrator, trustee, or any party inter- 
ested in the real estate of any decedent, to present a 
petition to any court having jurisdiction of the settle- 
ment of such estate, setting forth all the particulars, 
and also that there are just and reasonable grounds 
for believing that said decedent left no debts not of 
record, and that it 1s desirable to have the real estate 
of said decedent relieved from any lien now given by 
law for such debts. 

(b) Said court may hear and determine the same, 
_ or refer such petition to a master, whose duty it shall 
be to inquire diligently into the facts and circumstances 
alleged in such petition, and report the same to said 
eourt. The court may in its discretion direct such 
notices to be given of such application, by publication 
or otherwise, as it may deem necessary. 


SO) 


(c) It shall be the duty of said court, upon being 
fully satisfied as to the truth and justice of the matters 
alleged in any such petition, to decree that the real 
estate of such decedent shall be held and enjoyed free. 
and clear of any lien of debts not of record of said de- 
cedent, and said court shall require the person or per- 
sons entitled to said real estate to enter bond, in such 
form and amount, and with or without sureties, as the 
court may in its discretion determine, conditioned for 
the payment by such person or persons of an amount 
sufficient to pay any debts of the decedent not of rec- 
ord, which may thereafter be proved and which would 


have been liens upon said real estate but for such 
decree. | 


Section 18 (a) Where any person shall have, by 
contract in writing, agreed to sell and convey any real 
estate in this Commonwealth, and died seised or pos- 
sessed thereof, or of an undivided interest therein, or 
where any person shall have purchased, in writing, 
any real estate in this Commonwealth and died with- 
out paying the purchase money thereof, it shall be 
lawful in all such cases for the executor or adminis- 
trator of the deceased vendor, or for the vendor when 
the purchaser may have died, or for the purchaser of 
such real estate, or, when he has died, for his execu- 
tor or administrator, or for any other person inter- 
ested in such contract, to petition the orphan’s court 
having jurisdiction of the accounts of the executor or 
administrator of the deceased vendor or the deceased 
purchaser, as the case may be, setting forth the facts 
of the case. After due notice of such petition to the 
persons interested, according to the nature of the pro- 
ceeding, to appear in such court, on a day certain, and 
answer the petition, such court shall have power, if 
the facts be sufficient in equity, no sufficient cause being 
shown to the contrary, to decree specific performance 
of such contract according to the true intent and mean- 
ing thereof. 


90 


(b) The aforesaid remedy, by petition to the or- 
phans’ court, shall hereafter be exclusive. 

(c) When any petition for the specific performance 
of any such contract shall have been filed, it shall be 
the duty of the prothonotary of the court of common 
pleas of the county in which such real estate or any 
part thereof shall lie, on being certified by the clerk 
of the orphans’ court in which such petition shall have 
been filed of the fact of such filing, to enter the same 
upon the judgment index under the name of the re- 
spondent in such petition, and to certify the same as 
lis pendens in any certificate of search that he may be 
required to make by virtue of his office. 

(d) When such order or decree for the specific per- 
formance of any such contract shall have been made, 
and the purchase money paid or secured, to be paid 
according to the terms of such contract, it shall be 
the duty of the vendor, or, when he shall be deceased, 
of his executors or administrators, to execute such 
deed of conveyance as shall be directed by the court 
in conformity with the intention of such contract. Such 
deed, being so made by such executors or administra- 
tors, shall have the same force and effect to pass and 
vest the estate intended as if the same had been exe- 
euted by the decedent in his lifetime. In the case of 
an order or decree for specific performance by the 
executors or administrators of a deceased vendee, the 
court shall enter a decree for payment by such execu- 
tors or administrators, out of the estate of their de- 
cedent, of the amount of purchase money, with interest 
if any, which decree may be enforced in like manner 
as other decrees of the orphans’ court for the payment 
of money. The liability for the costs of such proceed- 
ings shall be in the discretion of the court. 

(e) Like proceedings may be had in all respects 
wherever any parol contract shall have been entered 
into by any person for the conveyance of real estate 
within this Commonwealth and the purchaser shall 
have died without fully executing such contract, or 


91 


wherever any person may have made such parol agree- 
ment and died seised or possessed of such real estate 
and no sufficient provision for the performance of such 
contract shall have been made by the decedent, in all 
cases where such parol contract shall have been so 
far executed that it would be against equity to rescind 
the same. 


(f) In all cases of specific performance of contract 
which may hereafter be decreed by any orphans’ court 
under the provisions of this section, where the party 
to whom the deed is to be made is an executor or ad- 
ministrator of the deceased vendor, the deed shall be 
made, as in other cases, by the co-executor or co-admin- 
istrator, if there be one; and if there be none, the court 
may make an order directing its clerk to execute such 
deed and deliver the same to the grantee therein 
named, upon such terms as the court shall see fit to re- 
quire from the grantee, as executor or administrator 
of the decedent, for securing the faithful appropria- 
tion of the unpaid purchase money. 

Section 19. Whenever a devise or bequest shall be 
made to any corporate body, by any last will and testa- 
ment, the executors thereof shall, within three months 
after they undertake the execution of such will, make 
known, by letter addressed to such corporate body, the 
nature and amount of such devise and bequest, to- 
gether with their names and places of residence. 

Section 20. If, after deducting the amount of debts 
of the testator and the expenses of administration, the 
residue shall not be sufficient to discharge all the 
pecuniary legacies bequeathed, an abatement shall be 
made, in proportion to the legacies so given, unless it 
shall be otherwise provided by the will. 

Section 21. Legacies, if no time be limited by the 
will for the payment thereof, shall, in all cases, be 
deemed to be due and payable at the expiration of six 
months from the death of the testator. Interest on all 
pecuniary legacies, whether bequeathed directly or in 
trust, shall, unless a contrary intention appear by the 


92 


will, begin to run from the expiration of one year from 
the death of the testator, except that if the account of 
the executor be filed and confirmed and distribution 
awarded before the end of such year, then interest on 
such legacies shall run from the date of the award: 
Provided, That where a pecuniary legacy is bequeathed 
to or for the use of the widow of the testator or any 
child or descendant of the testator, or ‘any person 
toward whom the testator in his lifetime stood in loco 
parentis, or for the maintenance of any person, interest 
shall, unless a contrary intention appear by the will, 
begin to run from the date of the death of the testator. 


Section 22. All annuities and all payments of rents, 
income, interest or dividends of any real or personal 
property, directed by any will to be made during the 
lifetime of the beneficiary, or for the life or lives of 
another person or persons, or for a term of years, 
shall, ike interest on money lent, be considered as 
accruing from day to day, and shall be apportioned to 
the date of the death of such beneficiary or of such 
cestui que vie, or to the end of such terms of years. 

Section 23. Whenever any person is or shall be 
entitled to the income from the proceeds of the sale 
of a decedent’s real estate, and whenever any per- 
sonal property, or the increase, profits or dividends 
thereof, has been or shall hereafter be bequeathed to 
any person, for life, or for a term of years, or for any 
other limited period, or upon a condition or contin- 
gency, the executor or executors, administrator with 
the will annexed, trustee or trustees under such will, or 
trustee appointed by the orphans’ court to make such 
sale of real estate, as the case may be, shall deliver 
the property so bequeathed to the person entitled 
thereto, upon such person giving security in the or- 
phans’ court having jurisdiction, in such form and 
amount as, in the judgment of the court, will sufficient- 
ly secure the interest of the person or persons entitled 
in remainder, whenever the same shall accrue or vest 
in possession. Should such person or legatee refuse 


93 


or neglect or be unable to enter such security, the court 
may, upon petition of any person interested, including 
the owner of any subsequent interest, vested or con- 
tingent, in such proceeds of real estate, personal prop- 
erty, or the increase, profits or dividends thereof, and 
upon due notice to all persons interested, so far as such 
notice can reasonably be given, appoint a suitable per- 
son or corporation as trustee to receive and _ hold 
such proceeds of’sale or personal property, invest the 
same in securities authorized by law, pay the income 
thereof, after deducting all legal charges, to the person 
entitled thereto, and, upon the termination of the trust, 
account for and pay to the persons entitled thereto 
the corpus of the trust fund, or transfer and deliver 
to them the securities in which it is in invested, as the 
court may direct, after deducting all legal charges 
thereon. Such trustee shall enter such security as the 
court may direct. He shall not be an insurer of the 
trust fund, and shall be liable to the persons interested 
in the income or corpus of the trust fund only for such 
care, prudence and diligence in the execution of the 
trust as other trustees are liable for. 


Suction 24. The remedy for the collection or en- 
forcement of payment or delivery of all legacies, 
whether pecuniary, specific or otherwise, and whether 
charged on land or not, shall hereafter be exclusively 
in the orphans’ court, saving the jurisdiction of other 
courts in actions which may be pending at the time of 
the approval of this act. 

Section 25 (a) In all cases in which, by the provi- 
sions of any last will and testament, or by the pro- 
visions of this act, or by proceedings in the orphans’ 
court in any county, any legacy or any money payable 
at a future period, or any money the interest on which 
is payable to any person, is or shall be hereafter 
charged upon, or payable out of real estate, it shall be 
- lawful for the legatee or the person entitled to such 
money or interest to apply by petition to the orphans’ 
court having jurisdiction of the accounts of the fidu- 


94 


ciary. On the presentation of such petition, the court, 
having caused due notice to be given to such fiduciary, 
and the devisee or heir, as the case may be, and the 
present owner, of the real estate charged with such 
legacy, sum of money or interest, and to such persons 
interested in the estate or property as justice may re- 
quire, may proceed according to equity to make a de- 
cree directing such devisee, heir or owner to pay the 
amount of such legacy, sum of money or interest then 
due, within a time to be limited by such decree, and 
providing that in case such devisee, heir or owner shall 
fail to make payment within such time, the fiduciary, 
or a trustee to he appointed by said court, in its disere- 
tion, shall, after giving public notice of such sale, 
once a week for a period of three weeks before 
the day appointed therefor, by advertisement, in at 
least one newspaper published in the county if there 
be one, or, if there be none, then in an adjoining county, 
and by hand bills posted at a conspicuous place on 
the real estate proposed to be sold and in at least 
three of the most public places in the vicinity of such 
estate, make sale of said real estate or so much thereof 
as may be necessary, for the purpose of payment of 
such legacy, sum of money or interest. The proceeds 
of such sale shall be distributed, under the direction of 
said court, as in other cases of judicial sales, to the 
persons legally entitled to receive the same. In the 
case of money charged upon real estate, the interest 
on which is payable to any person, the court may, in- 
stead of directing a sale of such real estate as afore- 
said, make such decree or order to enforce payment 
of said interest as shall be just and proper. 


(b) If the real estate charged with such legacy, sum 
of money or interest shall be situated in a county or 
counties other than that the orphans’ court of which 
has jurisdiction of the accounts of the fiduciary, and 
the devisee, heir or owner, against whom such decree 
has been made, shall fail to comply therewith accord- 
ing to the terms thereof, such decree may be certified 


95 


to the orphans’ court of any county in which such real 
estate is situated, or, in case such real estate is divided 
by a county line, then to the orphans’ court of the 
county where the mansion house may be situated, or, 
if there be no mansion house, to the county where the 
principal improvements may be, or, if there be no im- 
provements, to either county. Upon such certification 
and petition filed by the legatee or the person entitled 
to such money or to such interest, it shall be the duty 
of the said orphans’ court to make an order for the 
sale of so much and such parts of such real estate 
as shall, in their opinion, be necessary to raise the 
specified sum and to direct the fiduciary, or a trustee to 
be appointed by said court, to make such sale after 
public notice as aforesaid given in each of the counties 
in which the real estate is situated. Such fiduciary or 
trustee shall in all cases make return of his proceed- 
ings, in relation to such sale, to the orphans’ court 
making such order of sale, when, if the same be ap- 
proved by said court, it shall be confirmed; but the 
proceeds of such sale shall be distributed under the 
direction of the court having jurisdiction of the ac- 
counts of the fiduciary or trustee, as provided in clause 
(a) of this section. In the case of money charged upon 
real estate, the interest on which is payable to any per- 
son, the orphans’ court to which the decree is certified, 
as aforesaid, may, instead of directing a sale of such 
real estate as aforesaid, make such decree or order to 
enforce payment of said interest as shall be just and 
proper. 

(c) Before such legatee or other person shall be en- 
titled to the benefit of any decree made under the pro- 
visions of this section for payment by the devisee, 
heir or owner of the real estate of the amount of such 
legacy, sum of money or interest, he or she shall give 
such security as the court, in which application was 
originally made, shall direct, for the indemnity of the 
devisee, heir, owner, or other persons interested, in the 
event of any debt due by the testator being recovered, 


96 


for the payment of which such real estate would be 
hable. 

Section 26 (a) Whenever any testator shall have 
heretofore, by his last will and testament duly proven, 
given or bequeathed any annuity or annuities to any 
person or persons, or directed the payment of an an- 
nuity or annuities by his executors or by trustees, or 
bequeathed legacies of principal sums payable at a 
future period, or upon contingencies or under other 
circumstances by which the payment or discharge and 
satisfaction of such legacies may be postponed, or may 
not take place until a distant period after the death of 
such testator, and either by the express words of the 
will, or by the rules of law in the construction thereof, 
such annuities or legacies are made or become a charge 
upon all the residuary real or personal estate of the 
testator, and whenever any testator shall hereafter 
make any such bequest and provisions, in any such 
case, it shall be lawful for the executors of any such 
will, or for any such annuitant or legatee, or for any 
person interested in such residuary estate, at any time 
after the expiration of six months from the granting 
of letters testamentary, to apply by petition to the 
orphans’ court having jurisdiction of the accounts of 
such executors, setting forth the facts and praying 
relief. 

(b) Upon the filing of: such ‘petition, the court may 
order a citation to be issued to the parties interested, 
to appear at a day certain, to show cause why the re- 
lief prayed for should not be granted; and upon the 
return of such citation, if all the annuitants, legatees 
and other persons interested shall have had due notice 
of the application, the court may itself inquire into the 
circumstances, the amount and condition of the estate, 
and the expediency and propriety of exempting any 
part or portion of the residuary real or personal estate 
from the lien and charge of such annuities and lega- 
cies, or either of them, having due regard to the abso- 
lute and ultimate security of such annuities and lega- 


97 


cies; or the court may, at its discretion, refer the case 
to a master, with directions to inquire into the matters 
aforesaid and to report thereupon. 


(c) After such inquiry by the court or, if the case is 
referred to a master, after his report has been made 
and after notice thereof to all persons interested, it 
shall be lawful for the court to make a decree in the 
premises, and if it shall appear that all the debts of 
the testator have been paid or sufficiently secured, the 
court may enter a decree that such part or parts of 
the residuary real estate, or such real securities or in- 
vestments in public stocks or bonds, or such securities 
as now are or may hereafter be authorized by law as 
investments by trustees, shall be set apart or appro- 
priated or that such part of the residuary estate shall 
be so invested as, in the judgment of the court, shall 
appear to be, and with reasonable probability con- 
tinue to be, adequate and sufficient, beyond all charges, 
expenses and deductions, for the payment of such an- 
nuities and legacies, providing always a sufficient sur- 
plus to meet any contingent diminution or depreciation 
in the value or income of the estate and securities so 
set apart. 


(d) When such decree shall have been made, it shall 
be further lawful for the court to order and decree 
that all the remaining real or personal estate of the 
testator, or both, not so specifically set apart, shall be 
and remain discharged and exonerated from the lien 
and charge of any and every such annuity and legacy, 
and such decree shall have the force and effect of dis- 
‘charging and exonerating all such real or personal es- 
tate, or both, accordingly: Provided, That an appeal 
from a decree granting or refusing such petition may 
be taken to the proper appellate court within six 
months after the entry of the same, as in other cases: 
And provided further, That nothing in this section con- 
tained shall be deemed or held to authorize the exon- 
eration of any real estate which may have been or may 


98 


be specifically charged by a testator with the payment 
of any annuity or legacy. 

(e) The real estate, securities and investments, set 
apart and appropriated by order of the court as afore- 
said, shall be and continue in the possession, charge 
and management of the executors, trustees or other 
persons to whom the same may have been devised or 
bequeathed by the testator as aforesaid, under and 
subject to the charge of such annuities and legacies. It 
shall be the duty of every such executor, trustee and 
other person, upon request of any person interested, 
_to file with said court, at the expiration of one year 
after such decree shall have been made, and at the 
expiration of every year thereafter until the termina- 
tion of such trust, an account setting forth the situ- 
ation and circumstances of such estate, securities and 
investments, and the annual income therefrom, and the 
payments thereout. If, upon such account, it shall 
appear to the court that the said income exceeds, in 
any considerable degree, the amount of the existing 
annuities and other charges and expenses payable 
thereout, it shall be lawful for the court to order and 
decree that such surplus income may be paid over to 
such persons as may be entitled to the residuary es- 
tate under the provisions of the will, or the court may, 
in their discretion, order and decree that the same be 
invested in real securities, public stocks or bonds, or 
such securities as now are or may hereafter be au- 
thorized by law as investments by trustees, for the 
further or additional security of such annuitants or 
legatees. 

(f) Upon the application of any person interested’ 
in any residuary estate, set apart as aforesaid, setting 
forth that, by reason of the decease of any such an- 
nuitant, or by the happening of any other event, the 
charge of any annuity or legacy as aforesaid has be- 
come extingiushed, in fact or law, it shall be lawful for 
the said court, from time to time, after due notice and 
inquiry into the facts, to make an order and decree for 


99 


the exoneration and discharge of such part or portion 
or so much of the real estate, securities and invest- 
ments, so set apart and appropriated, as may appear 
to such court to be beyond the amount requisite or 
proper for the purpose of providing a sufficient con- 
tinuing security for the payment of the remaining an- 
nuities and legacies. Every such order or decree shall 
have the same force and effect in respect to the real 
estate, securities and investments, therein and thereby 
exonerated and discharged, as is declared in clause (d) 
of this section, in respect to the residuary estate not 
specifically set apart and appropriated. An appeal 
from the entry of or refusal to enter such order or 
decree may be taken to the proper appellate court 
within six months, as in other cases. 


(g) Nothing in this section contained, or in any de- 
cree or order made by any orphan’s court by the au- 
thority of this section, shall be deemed or held to 
affect in any way the legal or equitable rights of any 
person or persons interested in the residuary estate 
set apart and appropriated as aforesaid, but all such 
rights to the ultimate enjoyment of such estate shall 
remain and continue as before the passage of this act, 
so far as the provisions of this section are concerned. 

Section 27 (a) 1. In all cases in which, under any 
proceeding in any orphans’ court of this Common- 
wealth, or by any last will and testament, or by the 
provisions of this act, any dower, legacy, recognizance 
or other charge shall have been imposed upon land, 
or any part thereof, and such charge is due and pay- 
able, and the person or persons to whom such pay- 
ment is due cannot be found after diligent and reason- 
able search, it shall be lawful for the owner of the land 
charged to apply by petition to the orphans’ court 
of the county where said land is situated, or, in case 
said land is divided by a county line, to the orphans’ 
court of the county where the mansion house may be 
situated, or, if there be no mansion house, in the county 
where the principal improvements may be, or, if there 


LO ie 


be no improvements, in either county, setting forth 
the circumstances of the case, the name or names of 
the person or persons to whom such payment is due 
or the fact that such names are unknown, and the 
time when such legacy or charge, or any part thereof, 
became due and payable, and a description of the land 
subject to the charge. Thereupon said court shall 
make an order directing such petitioner to give public 
notice of the fact set forth in such petition, by publi- 
cation once a week for four successive weeks in one 
or more newspapers published within or nearest to 
said county or within or nearest to each of said coun- 
ties, requiring the person or persons to whom such 
legacy or charge, or any part thereof, is due and pay- 
able, or who wish to lay claim to the moneys as afore- 
said, to appear in court on a day designated, not less 
than twenty days after the last publication of said 
notice, and show cause why the amount so due and 
payable, as set forth in said petition, should not be 
paid into said court. 


2. If no person shall appear to show cause, as afore- 
said, or if the person or persons appearing shall fail 
to show that he or they are entitled to such moneys, 
the court, being satisfied of the truth of the facts set 
forth in said petition, shall enter a decree that the 
amount of such legacy or charge, or part thereof, due 
and payable to the time of final decree, be paid into 
court, and that, upon such payment, such real estate 
shall be discharged from the lien of such legacy or 
charge, or from so much thereof as shall be so paid into 
court. When the amount of such legacy or other 
charge does not appear as a matter of record, the court 
may, by appointment of a master or by investigation 
in open court, ascertain and fix such amount. A certi- 
fied copy of such decree may be recorded in the deed 
book in the office for recording deeds in every county 
where such real estate or any part thereof is situated, 
in the same manner and with like effect as deeds of 
conveyance of real estate are recorded, and shall be 


101 


indexed by the recorder in the grantors’ index under 
the name of the decedent and in the grantees’ index 
under the name of the owner of the land; and the 
charges for recording shall be the same as are pro- 
vided by law for similar services. 


(b) 1. In all cases in which, under any proceeding 
in any orphans’ court of this Commonwealth, or by 
any last will and testament, or by the provisions of 
this act, any dower, legacy, recognizance, or other 
charge shall have been imposed upon land, payable 
presently or at a future time, and such charge shall 
have been paid, or a period of twenty years shall have 
elapsed after the principal of such charge has become 
due and payable and no payment shall have been made 
within such period on account of such charge by the 
owner or owners of the land, and no sufficient satis- 
faction, release, acquittance or acknowledgment of pay- 
ment thereof shall be of record in the county in which 
the land is situated, it shall be lawful for the orphans’ 
court of said county, or, in case said land is divided 
by a county line, then the orphans’ court of the county 
where the mansion house may be situated, or, if there 
be no mansion house, in the county where the principal 
improvements may be, or, if there be no improve- 
ments, in either county, to entertain a petition for the 
discharge of said land from the lien of said charge. 


2. Such petition shall be presented by the owner or 
owners of said land or any part thereof, shall be duly 
verified by affidavit, and shall set forth the facts and 
allege that said charge has been paid or that no pay- 
ment of principal or interest has been made within said 
period of twenty years on account of said charge by the 
present owner or owners, or, so far as can be ascer- 
tained, by his or their predecessors in title, and shall 
state the names of all known parties interested in such 
charge, their places of residence, if known, and a de- 
scription of the lands subject to the charge and sought 
to be released and discharged. 


102 


3. Upon the presentation of such petition, it shall be 
lawful for said court to issue a citation in the manner 
authorized by law to all such parties, which citation 
shall be served as other citations are required to be 
served, and shall require the parties to appear in court 
on a day designated, to show cause why said land 
should not be discharged from the lien of such dower, 
legacy or other charge. 


4. If the court, aided if necessary by the report of a 
master, shall determine, at a hearing held in pursu- 
ance of said citation, that such dower, legacy or other 
charge has been paid or is otherwise no longer charge- 
able upon the land by reason of any presumption of 
payment, or if no person shall appear to answer the 
citation, or if all parties in interest shall have joined 
in the petition upon which such citation was issued, 
the court, being satisfied of the truth of the allegations 
of the petition, shall decree that the land subject to 
the chargé, or any part thereof, sought to be released 
or discharged, shall be released and discharged from 
the same and the payment thereof; and a certified copy 
of such decree may be recorded in the office for record- 
ing deeds in each county where such land or any part 
thereof is situated, upon the terms and with the effect 
provided in clause (a), paragraph two of this section. 

(c) Whenever any dower, legacy, recognizance or 
other charge has been or shall be charged upon or 
payable out of real estate, by virtue of any last will 
and testament, by the provisions of this act, or under 
any proceeding in any orphans’ court of this Common- 
wealth, or whenever it shall be claimed that such 
charge exists, it shall be lawful for said court, in any 
case not provided for by the preceding clauses of this 
section, on petition of the devisee or heir of such real 
estate, or any owner thereof, claiming under such de- 
visee or heir, to authorize such petitioner to pay into 
said court the full amount of such legacy or other 
charge; whereupon the said court shall make a de- 
cree, discharging such real estate from the lien of such 


103 


legacy or other charge, or from so much thereof as 
shall be so paid into court; and a certified copy of such 
decree may be recorded in the office for recording 
deeds in any county where such land or any part there- 
ef is situated, upon the terms and with the effect pro- 
vided in clause (a), paragraph two of this section. 


(d@) All moneys, when paid into court under the pro- 
visions of any of the preceding clauses of this section, 
shall remain therein until the legatee or other person 
claiming the same shall present a petition for the dis- 
tribution thereof, whereupon the court shall, after due 
notice to all parties interested, make distribution of 
said moneys to the persons legally entitled to receive 
the same, or may, in its discretion, appoint an auditor 
for the purpose of making such distribution. 

(e) All costs of proceedings under the provisions of 
any of the clauses of this section shall be paid as may 
be directed by the court. 

(f) Any party aggrieved by any definitive order or 
decree entered by the court under any of the provisions 
of this section may appeal from such order or decree to 
the proper appellate court as in other cases. 

Section 28 (a) The executors of the last will of any 
decedent, to whom is given thereby a naked authority 
only to sell any real estate, shall take and hold the 
same interests therein, and have the same power and 
authorities over such estate for all purposes of sale 
and conveyance, and also of remedy by entry, by action 
or otherwise, as if the same had been thereby devised 
to them to be sold, saving always, to every testator, 
the right to direct otherwise. 

(b) All powers to sell or let real estate on ground- 
rent, contained in any will, shall be deemed and taken 
to authorize sales, conveyances or leases, either public 
or private, unless expressly restricted by the said in- 
strument to one or the other mode. 

(c) All powers, authorities and directions, relating 
to real estate, contained in any last will, and not given 
to any person by name or by description, shall be 


LO4- 


deemed to have been given to the executors thereof; 
but no such power, authority or direction shall be exer- 
cised or carried into effect by them, except under the 
control and direction of the orphans’ court having jur- 
isdiction of ther accounts, and after the entry of secur- 
ity if the court shall so direct. 

(d) In all eases wherein testators shall have devised 
their real estate, or any part thereof, to their execu- 
tors to be sold, or shall have authorized or directed 
such executors to sell and convey such real estate, or 
shall have directed such real estate to be sold without 
naming or declaring who shall sell the same, if one or 
more of such executors shall die, refuse, renounce, or 
be dismissed or discharged, it shall be lawful for the 
surviving, acting or remaining executor or executors, 
or for the administrator or administrators with the will 
annexed, if such there be, to bring action for the recov- 
ery of possession of such real estate, and against tres- 
passers thereon, to sell and convey such real estate, or 
manage the same for the benefit of the persons inter- 
ested therein, and otherwise act respecting the same, 
as fully and completely as he or they, together with 
such dying, refusing, renouncing, dismissed or dis- 
charged co-executor or co-executors, would be empow- 
ered to do, if there had been no death, refusal, renun- 
ciation, dismissal or discharge, or, in the case of an 
administrator with the will annexed, as fully and 
amply as if all the executors named in the will had 
joined therein: Provided, That nothing in this clause 
shall be deemed or taken to prevent any testator from 
directing, by his last will and testament, otherwise than 
is herein declared and enacted. 

Section 29. Any fiduciary with power to convey 
lands or tenements in this Commonwealth, may make 
conveyance under such power by and through an attor- 
ney or attorneys duly constituted, and such convey- 
ances shall be of the same validity as if executed per- 
sonally by the constituent; and all conveyances so 
heretofore bona fide made by such fiduciaries are here- 


105 


by confirmed: Provided, That nothing herein con- 
tained shall authorize any fiduciary to delegate to 
others the discretion vested in himself for the general 
management of his trust. 

Seotion 80. Whenever any person seised of real es- 
tate situated in this Commonwealth has died or shall 
die, having first made and published his last will and 
testament, wherein said real estate is devised to execu- 
tors or trustees named therein in trust to make sale 
thereof, or wherein the sale of real estate is authorized 
or directed but no person is designated to make such 
sale, and the executors have complied with the pro- 
visions of section twenty-eight, clause (c), of this act, 
or wherein said executors or trustees are authorized 
to make sale of said real estate, convert the same into 
money, and distribute the proceeds of such sale or 
sales, or any part thereof, or hold the same in trust 
for any particular purpose, or for the use of any par- 
ticular person or persons named in said last will and 
testament, the person or persons purchasing the real 
estate so sold from the executors or trustees named in 
said last will and testament, under the power of sale 
or direction to sell contained therein, shall take title 
thereto free and discharged of any obligation to see 
to the application of the purchase money. 

Section 31. Unless it be otherwise provided by the 
will, any testamentary trustee shall have power to 
make a lease of real estate included in the trust for a 
term not exceeding five years, and any guardian shall 
have power to make a lease of real estate belonging 
to his ward for a term not exceeding five years that 
shall expire before the minor, if living, would attain 
his majority. If any testamentary trustee or guardian 
shall deem it advisable to make such lease for a longer 
period than aforesaid, the orphans’ court of the county 
wherein such real estate shall be situated, on the ap- 
plication of such trustee or guardian, being aided 
where necessary by the report of a master, may author- 
ize such trustee or guardian to lease such real estate, 


106 


on such terms and conditions, at such rental, and for 
such period, as shall appear just and equitable to said 
court, with the same force and effect as though said 
lease were made by the beneficial owner or owners and 
he or they were sui juris and owned the property in 
fee. In all cases where such application shall be ap- 
proved by ary orphans’ court, the court may direct 
said trustee or guardian, before making such lease, to 
file his bond in said court, in such sum as the court shall 
direct, and with good and sufficient corporate security, 
or with two good and sufficient individual sureties, 
approved by said court, conditioned for the faithful 
application or payment by him of all rents to be re- 
ceived under said lease: Provided, That where such 
trustee or guardian shall be a corporation, duly au- 
thorized by law, the court may, in lieu of security as 
aforesaid, permit such corporation to enter its own 
bond without surety. 


Section 32 (a) Whenever, by the provisions of any 
last will and testament admitted to probate in any 
county of this Commonwealth, any of the real estate of 
the testator is ordered or directed to be sold and the 
proceeds therefrom are bequeathed, or are payable or 
distributable, in whole or in part, to any minor or 
minors, or cestuis que trust, and it is the desire of all 
the legatees and beneficiaries interested in said pro- 
ceeds to elect to take said real estate, in leu of the 
several bequests or legacies or interests, it shall be 
lawful for the orphans’ court having jurisdiction of 
the accounts of the executor of said will, upon the peti- 
tion of any fiduciary interested, to authorize and em- 
power said fiduciary, on behalf of his ward or cestui 
que trust, to enter into an election in writing, to take 
said real estate or part thereof in fee, in lieu of the 
legacy or legacies, interest or interests, bequeathed or 
payable or distributable as aforesaid, taking and being 
entitled to an estate in said real estate commensurate 
with the interest said minor or cestui que trust would 
have had in the fund derived from the sale of said 


107 


real estate, if the same had been sold in accordance 
with the provisions of said will. Such election shall be 
duly acknowledged and recorded in the deed book in 
the office of the recorder of deeds for the county in 
which such real estate is situated, and shall be in- 
dexed by the recorder in the grantors’ index under the 
name of the decedent, and in the grantees’ index under 
the name of the ward or cestui que trust, the charges 
for recording to be the same as are provided by law 
for similar services, and shall then be filed in the office 
of the clerk of said orphans’ court. 


(b) Whenever, by the provisions of any last will 
and testament admitted to probate in any county of 
this Commonwealth, money is directed to be laid out or 
invested in real estate, for the use of any minor or 
minors, or cestui que trust, and it is the desire of all 
the beneficiaries interested to elect to take said money 
instead of the real estate, it shall be lawful for the 
orphans’ court having jurisdiction of the accounts of 
the executor of said will, upon petition of any guard- 
ian or trustee interested, to authorize and empower 
' said guardian or trustee, on behalf of his ward or 
cestui que trust, to enter into an election in writing, 
which shall be filed in the office of the clerk of said 
court, to take said money in lieu of the real estate, 
taking and being entitled to an interest in said money 
commensurate with the estate said minor or cestui 
que trust would have had in the real estate if the 
same had been purchased in accordance with the pro- 
visions of said will. 

(c) All elections to take real estate in lieu of lega- 
cies or interests, or money instead of real estate, here- 
tofore made by any guardian or trustee pursuant to 
an order of any orphans’ court in this Commonwealth, 
are hereby ratified, confirmed and validated. 

Srectron 33 (a) Whenever, in any last will and testa- 
ment, the testator has directed or shall direct all or 
any part of his real estate to be appraised and sold, or 
has devised or shall devise such real estate to any 


108 


person or persons at an appraisement to be made, or 
has given or shall give to any person or persons the 
right to take such real estate at an appraisement di- 
rected by the testator to be made but has not indicated 
or shall not indicate by whom such appraisement shall 
be made, it shall be lawful for any of the parties inter- 
ested in such real estate or in the sum to be paid there- 
for to apply, by petition, to the orphans’ court of the 
county in which said real estate is situated, or, in case 
the real estate is divided by a county line, in the county 
where the mansion house may be situated, or, if there 
be no mansion house, in the county where the princi- 
pal improvements may be, or, if there be no improve- 
ments, in either county, setting forth the terms and 
character of such devise or direction of the testator, 
and also the names and residences, when known, of all 
parties interested. 


(6) Upon the presentation of such petition, said 
court shall appoint two or more disinterested and 
competent persons, citizens of the county, to make such 
appraisement, unless the testator has designated the 
number of persons to make such appraisement, in 
which case, the court shall appoint the number of per- 
sons so designated; and the court shall, by general rule 
or by special order in the particular case, provide for 
notice to be given to all parties interested of the time 
and place of making such appraisement. 


(c) The appraisers so appointed shall be sworn or 
affirmed, well and truly and without prejudice or par- 
tiality, to value and appraise such real estate; and 
each of such appraisers shall receive, as compensation 
for his services, such amount as may be allowed by 
said court, such compensation to be paid out of the 
estate of the decedent, as part of the costs of adminis- 
tration. 


(d) The appraisement so made shall be returned to 
the said orphans’ court and, if confirmed by said court, 
shall be conclusive on all the parties interested in said 
real estate, unless an appeal be taken from such decree 


109 


of confirmation to the proper appellate court within 
six months after the date thereof. | 

(e) Upon the return and confirmation of such ap- 
praisement, the court shall issue its citation to the 


person or persons entitled to take such real estate on 
compliance with the terms of the will, to appear at a 
time fixed by said court to accept or refuse the same. 
If, upon the return of such citation, duly served, such 
person or persons shall appear and accept such real 
estate at the appraisement,. and shall pay or secure 
the payment of the amount thereof at such time and 
upon such terms as shall be fixed by said court, then 
the court shall adjudge such real estate to such person 
or persons. If such person or persons shall fail or 
neglect to appear and accept such real estate at the 
appraisement or shall refuse to accept it, or, having 
accepted, shall fail to pay or secure the amount of 
such appraisement as aforesaid, then the court shall 
adjudge such real estate to the person or persons en- 
titled thereto under the provisions of the will in the 
event of such real estate not being taken at the ap- 
praisement directed by the testator, or, if the will 
contains no provision for such event, then the court 
shall adjudge such real estate to the persons legally 
entitled thereto. Any such decree may be recorded in 
the deed book in the office for recording deeds of any 
county in which such real estate is situated, with the 
same effect as deeds are recorded, and shall be indexed 
by the recorder in the grantors’ index under the name 
of the decedent, and in the grantees’ index under the 
name or names of the person or persons accepting 
such real estate at the appraisement, or of the person 
or persons entitled thereto in the event of such real 
estate not being taken at the appraisement, or of the 
person or persons legally entitled thereto where the 
will contains no provision for a failure to take at the 
appraisement, as the case may be, and shall be regis- 
tered in the survey bureau, or with the proper author- 
ities empowered by law to keep a register of real 


110 


estate, if any there be, in said county, and the charges 
for recording and registering shall be the same as are 
provided by law for similar services. 

(f) In all cases of wills, heretofore or hereafter 
made and duly proved and recorded, wherein the tes- 
tator has given or shall give the right to one or more 
persons to take any or all of his real estate at a certain 
valuation therein named, and has appointed or shall 
appoint such person or persons as executor or execu- 
tors, to whom letters testamentary are issued, such 
person or persons may present his or their petition to 
the orphans’ court of the county in which such real es- 
tate is situated, or, in a case where the real estate is di- | 
vided by a county line, in the county where the mansion 
house may be situated, or, if there be no mansion house, 
in the county where the principal improvements may 
be, or, if there be no improvements, in either county, 
setting forth the terms and character of such devise or 
direction, that he or they have been appointed executor 
or executors of the will, that letters testamentary have 
been issued to him or them, and formally accepting 
such real estate at such valuation. Upon the presenta- 
tion of such petition, the court shall have power to ad- 
judge the real estate to such person or persons, and to 
decree that he or they shall account for the valuation 
thereof in the settlement of his or their accounts in the 
orphans’ court having jurisdiction of such accounts. 


(g) Whenever any orphans’ court shall have hereto- 
fore made a decree adjudging real estate to certain 
persons, in any case mentioned and provided for in 
clauses (e) and (f) of this section, such decree shall be 
valid and available to vest in the person or persons to 
whom such real estate was adjudged, all the right, title 
and interest of the testator who had died, leaving a 
will wherein the right to accept such real estate was 
given. ; 

Section 34 (a) Whenever, by any last will and tes- 
tament, any dwelling-house or other building is devised 
to any person or persons, without defining the bound- 


111 


daries of the curtilage or lot appurtenant to such build- 
ing and necessary for the use and enjoyment of the 
same, it shall be lawful for any of the parties inter- 
ested to apply by petition to the orphans’ court of the 
county in which such building is situate, for the ap- 
pointment of commissioners to designate the boun- 
daries of the curtilage or lot appurtenant to such 
building, and necessary for the convenient use of the 
same, for the purposes for which it was intended. 
(b) It shall be the duty of the said court, on pre- 
sentation of such petition, to appoint two or more dis- 
interested and competent persons, as they shall think 
proper, for the purposes aforesaid, which persons shall 
be sworn or affirmed faithfully to perform their duties 
as commissioners, and shall be respectively entitled to 
receive from the estate of the testator, for their serv- 
1¢ces as commissioners, such sum as the said court shall 
deem proper. 


(c) It shall be the duty of the commissioners so 
appointed to give reasonable notice to all parties in- 
terested of the time at which they will examine said 
dwelling-house or other building for the purposes 
aforesaid, and to make report to the court in pursu- 
ance of the order to them directed. In such report, 
they shall sufficiently designate and describe, by metes 
and bounds, with their courses and distances, and by 
draft, if necessary, the limits and extent of ground 
necessary for the convenient use of such building, for 
the purposes for which it was intended. If such re- 
port shall be approved by the court, a decree of con- 
firmation shall be entered, a certified copy whereof 
shall be recorded in the deed book in the office for re- 
cording deeds of the county in which said building is 
situate, in like manner as deeds are recorded, and with | 
same effect, and shall be indexed by the recorder 
in the grantors’ index under the name of the decedent, 
and in the grantees’ index under the name of the de- 
visee of such dwelling-house or other building, and 
shall be registered in the survey bureau, or with the 


112 


proper authorities empowered by law to keep a reg- 
ister of real estate, if any there be, in such county, 
upon payment of fees for such recording and registra- 
tion at the rates fixed by law for similar services; and 
the devisee of such building shall take the same estate 
in the ground thus set apart as.is devised to him in 
the building. 


(d) All costs of proceedings under this section, in- 
cluding the fees for recording and registration, shall 
be paid out of the estate of the testator and shall be 
considered as part of the costs of administration of 
the estate. 


Section 35 (a) No personal action hereafter 
brought, except actions for slander and for libels, and 
no action for mesne profits or for trespass to real 
property, shall abate by reason of the death of the 
plaintiff or the defendant, but the executor or admin- 
istrator of the deceased party may be substituted as 
plaintiff or as defendant, as the case may be, and the 
suit prosecuted to final judgment and satisfaction. 


(6) Executors or administrators shall have power 
to commence and prosecute all actions for mesne prof- 
its or for trespass to real property, and all personal 
actions which the decedent whom they represent might 
have commenced and prosecuted, except actions for 
slander and for libels; and they shall be lable to be 
sued in any such action, except as aforesaid, which 
might have been maintained against such decedent if 
he had lived. | 


(c) In all actions of ejectment which may be pend- 
ing at the time of the death of any vendor of real es- 
tate, when the object is to enforce the payment of pur- 
chase money due and owing upon an agreement of sale 
of such real estate, it shall and may be lawful for the 
executors and administrators of the deceased vendor 
to sustain the same in their own names, to the same 
extent and in like manner as their testator or intes- 
tate, if living, could do. 


113 


(Z) The executors or administrators of every per- 
son who was the proprietor of any rent-charge or 
other rent or reservation in nature of a rent, in fee or 
otherwise, as mentioned in section eleven, clause (f), of 
this act, shall and may have an action for the arrear- 
ages of such rent due to the decedent, at the time of 
his decease, against the person who ought to have paid 
such rent, or his executors or administrators; or they 
may distrain therefore upon the lands or tenements 
which were charged with the payment thereof, and 
liable to the distress of such decedent, so long as such 
lands or tenements remain and are in the seisin or 
possession of the tenant who ought to have paid such 
rent, or in the possession of any other person claim- 
ing the same, from or under the same tenant, by pur- 
chase, gift or descent, in like manner as such decedent 
might have done if he had lived. 


(e) The executors or administrators of any tenant 
for life, who shall die before or on a day on which any 
rent was reserved or made payable upon any demise 
or lease of any real estate, which determined on the 
death of such tenant for life, may have an action to 
recover from the lessee or under-tenant of such real 
estate, if such tenant for life die on the day on which 
the same was made payable, the whole, or, if before 
the day, a proportion of such rent for the last year, or 
quarter of a year, or other current period of payment, 
according to the time elapsed at the decease of such 
tenant for life as aforesaid. 

(f) The executors or administrators of any person 
who, at the time of his decease, was a party, plaintiff, 
petitioner, defendant or respondent, in any action or 
legal or equitable proceeding pending in any court of 
this Commonwealth, shall have full power, if the cause 
of action shall by law survive to or against them, to 
become party thereto and prosecute or defend such 
suit or proceeding to fmal judgment or decree, as fully 
as such decedent might have done if he had lived; and 
if such party die after judgment, certificate, or de- 


114 


cree in his favor, his executors or administrators may 
proceed to execution thereupon, as such party might 
have done if he had lived. 


(g) The court in which any action or legal or equit- 
able proceeding may be pending at the time of the de- 
cease of a party, plaintiff, petitioner, defendant or re- 
spondent, shall have power to require, by writ of scire 
facias, the executors or administrators of such party, 
within twenty days after the service thereof, to be- 
come party to such action or proceeding, or to show 
cause why they should not be made party thereto, by 
judgment of the court, and further proceedings be had 
in such action or proceedings; but in every such ease, 
the executors or administrators, who shall become 
party as aforesaid, shall be entitled to a reasonable 
continuance of such action or proceeding, according 
to the circumstances of the case. 

(i) Whenever the executor or administrator of a 
deceased plaintiff, petitioner, defendant, or respond- 
ent, in any action or legal or equitable proceeding 
pending in any court of this Commonwealth, resides 
without the jurisdiction of the said court, the writ of 
scire facias provided by the preceding clauses of this 
section may be served on such executor or administra- 
tor by the sheriff of the county where he is resident, 
if in the opinion of the proper court such service may 
be reasonably practicable; but if otherwise, and also 
where the said executor or administrator resides im 
some other state of the United States, such service 
may be made by publication, in one or more public 
newspapers, as, in the opinion of the court, will be 
most likely to give notice to the said executors or ad- 
ministrators; the said manner of service herein pro- 
vided to have the same force and effect as the manner 
of service provided by the said clauses. 

(1) No action or other legal or equitable proceed- 
ing, commenced by or against fiduciaries, or in which 
fiduciaries are parties, shall abate or be otherwise de- 
feated, by reason of the death, dismissal, removal, res- 


115 

ignation or renunciation of any one or more of them, 
nor by reason of the annulling or revoking of the let- 
ters or powers granted to them, or any of them; but 
such suit or proceeding may be prosecuted to final 
judgment or decree, by or against such other person 
or persons as may have been joined with them in the 
administration or trust, or by or against such person 
or persons as may be their successors therein, in all 
cases, In hke manner as if no such change had oc- 
curred or act been done; and in all cases of vacancy in 
the administration or trust as aforesaid, the succes- 
sors therein shall be made party to such action or 
proceeding in the manner provided by clauses (f), (g) 
and (h) of this section. 

(7) The omission of an executor or administrator 
to plead to any action brought against him in his rep- 
resentative character, that he has fully administered 
the estate of the decedent, or any other matter rela- 
tive to the assets, shall not be deemed an admission of 
assets to satisfy the demand made in such action; 
also the omission of the plaintiff to reply to any such 
matter when pleaded, shall not be deemed an admis- 
sion of the want of assets as aforesaid, nor shall such 
omission otherwise prejudice either party; and no 
mispleading, or lack of pleading, by executors or ad- 
ministrators shall make them lable to pay any debt or 
darnages recovered against them in their representa- 
tive character, beyond the amount of the assets, which, 
in fact, have come or may come or should have come 
into their hands. 

(k) In anv suit now pending or hereafter to be 
brought in any court of this state, if the plaintiff be 
dead or shall die during the pendency thereof, and no 
letters testamentary or of administration have been 
or shall be taken out in this state within one year after 
the suggestion of the death of such plaintiff upon the 
record, it shall not be the duty of the defendant to 
raise an administrator for the purpose of prosecuting 
the same, but the court in which such suit is or shall 


116 


be pending may, after due service upon the executors 
named in the will of such plaintiff, if known to defend- 
ant, or upon the next of kin of the decedent entitled 
to administration, of a rule to show cause, enter an 
order that said suit shall abate, unless, before the re- 
turn day of such rule, letters testamentary or of ad-. 
ministration shall be duly issued. 

Section 36. The statute of limitations shall begin 
to run against a debt or demand arising or falling 
due to the estate of a decedent, after his or her death, 
from the time such debt or demand shall arise or fall 
due, as aforesaid, notwithstanding that letters testa- 
mentary or letters of administration have not been 
granted on such estate. 

Section 37. In all cases where executors, adminis- 
trators, guardians or trustees shall not reside within 
the county the orphans’ court of which has jurisdic- 
tion of their accounts, proceedings may be had and 
suits may be brought against them by creditors and 
others interested in the estates, in the counties where 
such accounts are to be settled, and process may be 
served on said fiduciaries, in any other county by the 
sheriff of such other county, who shall be deputized 
for that purpose by the sheriff of the county in which 
the process issues, or process may be served upon any 
surety on the official bonds of such fiduciaries. 

Section 38. Where one of two or more fiduciaries 
shall be personally or individually indebted, obligated 
or liable to the estate which he represents, it shall be 
lawful for the other fiduciaries, or either of them, to 
institute an action at law, bill in equity, or other ap- 
propriate legal or equitable proceeding, on behalf of 
the said estate, against such fiduciary, individually, 
to recover or enforce the said indebtedness, obligation 
or liability, in the same manner as though such fidu- 
clary were not connected with the said estate: Pro- 
vided, That this shall not in anywise affect the duty 
or hability of such fiduciary to account therefor in the 
office of the register of wills or in the orphans’ court 


117 


in the manner now provided by law, the remedy herein 
provided being in addition to other remedies, legal or 
equitable, already existing. 

SecTION 39. In all cases where a creditor has ap- 
pointed or shall appoint his judgment debtor his exe- 
eutor, or where such judgment debtor has been or 
shall be appointed administrator of the creditor, and 
the said judgment is a lien on the real estate of such 
executor or administrator, and the same is bequeathed 
specifically to a legatee, or generally in the residuary 
clause of such testator’s will, or where any testator 
or intestate, having a judgment situated as aforesaid, 
shall have creditors interested in preserving the lien 
of such judgment, such legatee or creditor or the next 
of kin of an intestate, interested in such judgment, 
may suggest his or their interest in the same upon the 
record thereof, and issue a writ of scire facias 
against the defendant, to revive the same, and con- 
tinue the lien thereof, at any time when such proceed- 
ings shall be necessary under the laws of this Com- 
monwealth; which judgment, so revived, shall remain 
for the use of all persons interested therein. 

Section 40. Whenever it shall be proposed to com- 
promise or settle any claim, whether in suit or not, 
by or against a minor or the estate of a decedent, or 
to compromise or settle any question or dispute con- 
cerning the validity or construction of any last will 
and testament or the distribution of any decedent’s 
estate, the orphan’s court having jurisdiction of the 
accounts of the fiduciary shall be authorized and em- 
powered, on petition by such fiduciary, setting forth 
all the facts and circumstances of such claim or ques- 
tion and proposed compromise or settlement and duly 
verified by oath or affirmation, and after due notice 
to all parties interested, and after due consideration, 
aided, if necessary, by the report of a master, if sat- 
isfied that such compromise or settlement will be for 
the best interests of such minor or of the estate of 
such decedent, to enter a decree authorizing the same 


118 


to be made, which decree shall operate to relieve the 
fiduciary of responsibility in the premises. 

Section 41 (a) 1. When a fiduciary shall have in 
his hands any moneys, the principal or capital where- 
of is to remain for a time in his possession or under 
his control, and the interest, profits or income whereof 
are to be paid away, or to accumulate, or when the in- 
come of real estate shall be more than sufficient for 
the purpose of the trust, such fiduciary may invest 
such moneys in the stock or public debt of the United 
States, or in the public debt of this Commonwealth, or 
in bonds or certificates of debt now created or here- 
after to be created and issued according to law by any 
of the counties, cities, boroughs, townships, or school 
districts of this Commonwealth, or in mortgages or 
eround rents in this Commonwealth: Provided, That 
nothing herein contained shall authorize any fiduciary 
to make any investment contrary to the directions 
contained in the will of the decedent in regard to the 
investment of such moneys. 

2. When a fiduciary shall have in his hands any 
moneys, as aforesaid, he may present a petition to the 
orphans’ court having jurisdiction of his accounts, 
stating the circumstances of the case and the amount 
or sum of money which he is desirous of investing; 
whereupon it shall be lawful for the court, upon due 
proof, aided, if necessary, by the report of a master, 
to make an order directing the investment of such 
moneys in real estate in this Commonwealth other 
than ground-rents, or in the bonds or certificates of 
debt now created or hereafter to be created and issued 
according to law by any other state of the United 
States or by any of the counties or cities of such other 
state, at such prices, or on such rates of interest and 
terms of payment respectively, as the court shall think 
fit: Provided, That no such investment shall be di- 
rected unless it shall be the opinion of the court that 
it will be for the advantage of the estate and no 
change be made in the course of succession by such 


119 


investment as regards the heirs or next of kin of the 
cestul que trust: And provided further, That noth- 
ing herein contained shall authorize the court to make 
an order contrary to the directions contained in any 
will in regard to the investment of such moneys. 

3. In case the said moneys shall be invested as set 
forth in paragraph one of this clause, or comformably 
to the directions of the court under paragraph two of 
this clause, the said fiduciary shall be exempted from 
all liability for loss on the same, in like manner as if 
such investments had been made in pursuance of di- 
rections in the will creating the trust, it being hereby 
declared that the investments mentioned in this sec- 
tion are legal investments of moneys by fiduciaries. 

(b) Any fiduciary required by law, by the order of 
any orphans’ court, or by the provisions of any last 
will and testament, under or by authority of which 
such fiduciary is acting, to invest funds within his con- 
trol in mortgages or other securities, may include, as 
a part of the lawful expense of executing his trust, a 
reasonable sum paid to a company, authorized under 
the laws of this state so to do, for guaranteeing the 
payment of the principal and interest of such mort- 
gage or other securities, not exceeding one-half of one 
per centum upon the principal of such mortgage or 
other securities: 

Section 42 (a) Fiduciaries may themselves, or 
jointly with others, organize a corporation to carry on 
the business of the decedent, whether he die testate 
or intestate, whether the business was owned solely 
by him or in partnership with others, if such business 
be one for which a charter could have been obtained 
in the lifetime of the decedent, and may contribute all 
or part of the property of the estate which was in- 
vested in the business at the time of the death of the 
decedent, as capital to such corporation and accept 
stock in the corporation in lieu thereof. 

(b) No such corporation shall be organized without 
the approval of the orphans’ court having jurisdic- 


120 


tion of the accounts of such fiduciaries first had and 
obtained, upon petition filed setting forth all the facts 
and circumstances and the proposed terms and condi- 
tions of the organization. Such notice as shall be pre- 
seribed by said court shall be given to all persons 
having any beneficial interest, vested or contingent, 
in the estate of the decedent, who are in being at the 
time of the filing of such petition; and the said court 
shall approve such organization only after inquiring 
into the circumstances and the proposed terms and 
conditions of such organization, aided, if necessary, 
by the report of a master, and only with the written 
consent of all persons interested who shall be sui 
juris, and of the guardians or committees of such as 
shall be under age or non compos mentis. 

(c) The stock of any such corporation issued to 
such fiduciaries shall be held by them for the same 
uses, trusts and persons as the estate and property 
were held before the organization of such corpora- 
tion; they shall have the same right and power to 
vote such stock, subject to the same control by the 
court, as prescribed by section forty-three of this act 
regarding shares of stock belonging to the decedent; 
and they shall have the right to sell such stock under 
the direction of the court. 

Section 43. Fiduciaries, whether appointed by last 
will and testament or by decree of the orphans’ court, 
shall have the same right and power, either in person 
or by proxy, at all corporate meetings, to vote any 
and all shares of stock, held by them in a fiduciary 
capacity, in any corporation organized under the laws 
of this Commonwealth, as the deceased, or legal owner 
thereof had in his lifetime. And where such stock is 
registered on the books of such corporation in the 
name of, or has passed by operation of law or by vir- 
tue of any last will‘and testament to more than two 
fiduciaries, and dispute shall arise among them, the 
said shares of stock shall be voted by a majority of 
such fiduciaries, and in such manner and for such pur- 


121 


pose as such majority shall authorize, direct or de- 
sire the same to be voted. If the number of fiduciaries 
shall be even and they shall be equally divided upon 
the question of voting such stock, it shall be lawful for 
the orphans’ court having jurisdiction of their ac- 
counts, upon petition filed by any of such fiduciaries 
or by any party in interest, to direct the voting of such 
stock in the manner which, in the opinion of said 
court, will be for the best interests of the parties 
beneficially interested in the stock. 

Section 44 (a) No executor or administrator shall 
be lable to pay interest but for the surplusage of the 
estate remaining in his hands or power when his ac- 
counts are or ought to be filed: Provided, That noth- 
ing herein contained shall be construed to exempt an 
executor or administrator from lhability to pay in- 
terest, where he may have made use of the funds of 
the estate for his own purposes. 

(b) The amount of interest to be paid in all cases 
by fiduciaries shall be determined by the orphans’ 
court, under all the circumstances of the case, but 
shall not, in any instance, exceed the legal rate of in- 
terest for the time being. 

SecTION 405. In all cases where the same person 
shall, under a will, fulfill the duties of executor and 
trustee, it shall not be lawful for such person to re- 
ceive or charge more than one commission upon any 
sum of money coming into or passing through his 
hands, or held by him for the benefit of other parties; 
and such single commission shall be deemed a full 
compensation for his services in the double capacity 
of executor and trustee: Provided, That any such 
trustee shall be allowed to retain a reasonable com- 
mission on the income he may receive from any estate 
held by him in trust as aforesaid. 

Section 46 (a) It shall be the duty of every execu- 
tor and administrator to file in the register’s office a 
just account of the administration of the estate at the 
expiration of six months from the time of administra- 


122 


tion granted or when thereunto required by the or- 
phans’ court, and any executor or administrator may 
be cited to file his account, after the expiration of six 
months from the date of issuance of letters testament- 
ary or of administration, on petition of any person 
having an interest, present or future, vested or con- 
tingent, in the estate of the decedent, or on petition 
of any creditor of the decedent. 

(b) The several orphans’ courts of this Common- 
wealth. shall have power, by general rule or special 
order, to appoint one or more examiners to make 
periodical or special examinations of the assets of es- 
tates in the hands of fiduciaries, and power to require 
all persons in whose custody or control such assets 
may be held, to present them for such examination. 
The examiners so appointed shall be compensated by 
reasonable fees to be fixed by the court and to be paid 
out of the respective estates. 

(c) The several orphans’ courts of this Common- 
wealth shall by general rule provide that any person 
who, claiming to be interested in the estate of any de- 
eedent as creditor, legatee, next of kin or otherwise, 
has given written notice of his claim to the executor, 
administrator or trustee, or his attorney, shall be en- 
titled to receive actual notice from said executor, ad- 
ministrator or trustee, or his attorney, of the filing of 
his account; or such rule of court may provide for the 
filing of such claims with, and the giving of notice by, 
the register of wills or the clerk of the orphans’ court. 

(d) Every register, with whom an account has been 
or shall be filed, shall transmit the same to the or- 
phans’ court of the respective county, at its next 
stated meeting, being not less than thirty days distant 
from the time of such filing, of all which he shall give 
notice to all persons concerned, in the following man- 
ner, namely: by an advertisement enumerating all the 
accounts to be presented at any one time to the said 
court, in at least two secular newspapers, if there be 
two, published in the respective county, or if there be 


123 


but one newspaper published in such county, then in 
that one, or if there be none, then in one printed 
nearest to the said county, at least once a week during 
the fonr weeks immediately preceding the meeting of 
the court at which such account shall be presented, 
setting forth, in substance, that the accountants, nam- 
ing them and the character in which they respectively 
act, have filed their accounts in the office of the said 
register, and that the same will be presented to the 
orphans’ court for confirmation, at a certain time and 
place, mentioning the same; and also by setting up 
conspicuously in his office, and in at least six other of 
the most public places in the county, at least four 
weeks before the time appointed for the presentation 
of such accounts as aforesaid, fairly written or 
printed copies of such advertisement. The actual ex- 
penses of such advertisement, according to the usual 
rates of advertising in such newspaper, and the set- 
ting up of such notices, shall be divided among all the 
accounts presented at the same court, and the proper 
portion only shall be charged in any of the said ac- 
counts, and allowed to the register as the cost of such 
advertisement and notices. 

(e) When any of the hers, legatees, distributees 
or creditors of a decedent reside out of this state, or 
out of the United States, or from other circumstances 
it may be expedient that additional or further notice 
should be given of the settlement of the account of a 
fiduciary, or of the disposition of the assets or sur- 
plusage of the estate, it shall be in the discretion of 
the orphans’ court to require such further or addi- 
tional notice to be given by such accountant, as they 
may think proper, to appear in court, or before the 
auditor or auditors by them appointed as the case may 
be, at such times as shall be fixed for the examination 
of such account, or for the distribution of the assets 
or the surplusage of the estate. 

(f) No account of an executor, administrator or 
guardian shall be confirmed and allowed by the or- 


124 


phans’ court, unless it shall appear, at the presenta- 
tion of such account, that notice of such presenta- 
tion has been given, conformably to the directions of 
this act. 

(7) All trustees who are subject to the jurisdiction 
of the orphans’ court shall file their accounts in the 
court appointing them or, in the case of testamentary 
trustees, in the orphans’ court of the county where 
the will is or shall be probated. The orphans’ court 
shall have exclusive jurisdiction of the accounts of all 
trustees appointed by such court, and of all testa- 
mentary trustees, whether such trusts are vested in 
executors or administrators virtute officii or in trus- 
tees named in the will, saving, however, the jurisdic- 
tion of the courts of common pleas under existing 
laws in cases of trustees who have filed their accounts 
in such courts before the approval of this act, and 
cases of substituted testamentary trustees appointed 
by any court of common pleas before the approval of 
this act. | 

(h) All trustees who are subject to the jurisdiction 
of the orphans’ court may hereafter, triennially, from 
the date of their appointment, file their accounts in 
said court, which accounts shall be duly audited, and 
confirmed absolutely to that date. This clause shall 
apply to and permit all such trustees, who have been 
acting in such capacity for more than three years be- 
fore the passage of this act, to file their accounts, 
which shall be audited and confirmed absolutely to the 
date of such filing, and, in hke manner, to file their 
accounts triennially thereafter. 

(1) Due notice of the filing of any account of a trus- 
tee in the orphans’ court of any county shall be given 
by advertisement as prescribed by rule of said court, 
and in such other manner as the said court may, in 
each particular case, direct, to all persons interested 
in the estate; and absolute confirmation of such ac- 
count shall not be entered unless all such persons in- 
terested are legally competent and qualified, either 


125 


personally or by their guardians or committees, to ap- 
pear in court and object to said account if they so 
desire. 

Section 47 (a) The judges of the orphans’ courts 
of this Commonwealth, respectively, shall have power, 
and are hereby authorized, to establish, in their dis- 
eretion, such rules and regulations as they may deem 
proper for the publication of advertisements of no- 
tices of the auditing of accounts of fiduciaries and 
shall have supervision of and regulate the cost of such 
publication in all such eases, as well by special order 
in particular cases, as by general rules. 

(b) In any county in which a separate orphans’ 
court shall be established, all accounts filed in the of- 
fice of the register of wills, or in the orphans’ court 
by fiduciaries, shall be examined and audited by the 
court, without expense to the parties, except where 
all parties in interest in a pending proceeding shall 
nominate an auditor, whom the court may, in its dis- 
eretion, appoint. 

(c) In any county in which a separate orphans’ 
court shall not be established, all accounts filed in the 
office of the register of wills or in the orphans’ court 
by fiduciaries shall be examined by the court, and, if 
not excepted to, shall after due consideration, be con- 
firmed. If any person interested in the estate shall 
except to the account, or any of the parties shall de- 
sire to refer the account to an auditor, the court shall 
decide whether the matter calls for such reference; 
and if so, the court may appoint a suitable person as 
auditor. The auditor so appointed shall be sworn or 
affirmed to perform his duties with fidelity, and shall 
have power to administer oaths or affirmations to 
parties and witnesses in the matter referred to him. 

Section 48. Within five years after the final decree, 
confirming the original or supplementary account of 
any fiduciary, which has been or may be hereafter 
passed, upon petition of review being presented by 
such fiduciary or his legal representatives, or by any 


126 


person interested therein, alleging errors in such ac- 
count, or in any adjudication of the orphans’ court 
or any report of an auditor on such account, which 
errors shall be specifically set forth in said petition 
of review, said petition and errors being verified by 
oath or affirmation, the orphans’ court shall grant a 
rehearing of so much of said account, adjudication, 
or auditor’s report, as is alleged to be error in said 
petition of review, and give such relief as equity and 
justice may require, by reference to auditors, or 
otherwise, with like right of appeal to the proper ap- 
pellate court as in other cases: Provided, That this 
act shall not extend to any cause when the balance 
found due shall have been actually paid and discharged 
by any fiduciary. 

Section 49 (a) No executor or administrator shall 
be compelied to make distribution of the estate of his 
testator or intestate until six months be fully expired 
from the granting of the letters testamentary or of 
administration in the estate. After the expiration of 
said period, distribution may be ordered by the or- 
phans’ court having jurisdiction of the accounts of 
the executor or administrator, on petition of any per- 
son having an interest in the assets to be distributed, 
or on petition of any creditor of the decedent. 

(b) Executors or administrators may make distri- 
bution, and pay or deliver legacies, without the audit 
of their accounts, upon such security as may be satis- 
factory to them, nevertheless at their own risk, but 
without lability to any creditors of the decedent who 
shall not have given written notice to the executor or 
administrator within six months after the granting 
of letters testamentary or of administration, provided 
that such executor or administrator has complied with 
the provisions of section ten of this act. Where dis- 
tribution of a decedent’s estate 1s awarded by the or- 
phans’ court, after audit and confirmation of any ac- 
count of the executors or administrators, such decree 
of distribution shall protect the executors or admin- 


127 


istrators from personal liability with respect to the 
property so distributed. In making distribution un- 
der such a decree, the executors or administrators 
shall not be entitled to demand refunding bonds from 
the distributees, except in the cases specially provided 
for by this act, and in other cases in which the court 
shall direct the giving of refunding bonds. 


(c) When the personal estate of a decedent does 
not exceed the value of three hundred dollars, the 
executor or administrator may, after the expiration 
of one year after the date of granting the letters tes- 
tamentary or of administration, present his petition 
to the proper orphans’ court, with an annexed account 
showing the administration and legal distribution of 
the estate, the statements in the petition and the ac- 
eount to be verified by the affidavit of such executor 
or administrator. Thereupon the court may, upon 
satisfactory proof or acknowledgment of notice to all 
parties known to be interested in said estate that said 
petition and account have been presented, order, at 
the end of thirty days from the date of filing the peti- 
tion and account, the discharge of the executor or ad- 
ministrator and his sureties from future liability, 
without the expense of proceedings as in a formal ac- 
count, unless during said period of thirty days excep- 
tions be filed to the account. 


(d) No ereditor of a decedent who shall negiect or 
refuse to present his claim at the audit of the account 
of the executor or administrator, held not less than 
six months after the grant of letters testamentary or 
of administration of which public notice has been 
given as provided in section ten of this act, or at an 
audit held after actual notice to such creditor of the 
filing of such account, as provided in section forty-six, 
clause (c) of this act, shall be entitled to receive any 
share of the assets distributed in pursuance of such 
audit, whether the estate of the decedent be solvent 
or insolvent. 


128 


(e) 1. Whenever it shall appear at the audit and 
distribution of an estate in the orphans’ court, that 
the balance, after payment of debts, includes stocks, 
bonds, or other securities, which, for reasons satis- 
factory to said court, have not been converted by the 
accountants, it shall be lawful for said court to direct 
distribution of such assets in kind to and among those 
lawfully entitled thereto, including fiduciaries. 

2. Where stocks, bonds, or other securities have 
been distributed in kind, as above provided, to any 
fiduciary, it shall be the duty of such fiduciary to use 
reasonable diligence in converting such securities as 
shall not be investments now or hereafter authorized 
by law; and if such fiduciary be doubtful as to the 
propriety of making sale of such securities, he may 
apply to the orphans’ court having jurisdiction of his 
accounts, by petition, for authority and direction to 
sell the same; whereupon, after due notice to all 
parties interested, the said court shall make such or- 
der in the premises as to it may appear proper. 

(f) It shall be lawful for any employer in this Com- 
monwealth at any time not less than thirty days after 
the death of his employee to pay all wages due to such 
deceased employee to the wife, children, father or 
mother, sister or brother (preference being given in 
the order named) of the deceased employee, without 
requiring letters testamentary or of administration 
to be issued upon the estate of said deceased employee, 
where such wages due do not exceed seventy-five dol- 
lars in amount. If such deceased employee shall not 
leave a wife or any of said relatives surviving him, 
then it shall be lawful for the employer in like man- 
ner to pay such wages to the creditors of the decedent, 
as follows: undertaker, physician, boarding-house 
keeper, and nurse, each his or her pro rata share, 
upon affidavit of fact furnished. The payment of such — 
wages as aforesaid shall be a full discharge and re- 
lease to the employer from any further claim for such 
wages. 


129 


Strotion 50 (a) Where any fiduciary has been re- 
quired, or hereafter shall be required, upon the re- 
ceipt of money, to give a refunding bond, it shall be 
lawful for such fiduciary, upon paying over such 
money to creditors, or to parties beneficially inter- 
ested, to require, under the direction of the orphans’ 
eourt having jurisdiction of his accounts, a bond, re- 
funding receipt or other obligation from each person 
receiving such money, to indemnify such fiduciary to 
the amount such person may receive. 

(b) In all cases where refunding bonds shall be 
given upon the distribution of the estate of any dece- 
dent. no action or suit thereon shall be. brought after 
the expiration of six years from the date of such bond: 
Provided, That where the creditors or other persons 
entitled to the protection of said bonds, shall be within 
the age of twenty-one years, non compos mentis, 1m- 
prisoned, or from or without the United States of 
America, or where a creditor whose debt shall not 
mature within such period, shall file within the said 
period in the office of the clerk of the orphans’ court 
where said distribution shall have been made, a copy 
or particular statement of any bond, covenant, debt 
or demand upon which his claim arises, then and in any 
such cases an action may be brought by the creditor 
at any time not exceeding two years from the coming 
of age, or removal of such disability of the creditor or 
other person entitled to the protection of said bonds, 
or the maturing of the debt or demand aforesaid. 

Section 51 (a) It shall be the duty of the prothon- 
otaries of the courts of common pleas to file and 
docket, whenever the same shall be furnished by any 
parties interested, certified transcripts or extracts 
from the record showing the amount appearing to be 
due from, or in the hands of any fiduciary, on the set- 
tlement of his accounts in the orphans’ court of the 
same or any other county, or by virtue of a decree of 
said court, which transcripts or extracts, so filed, shall 
constitute judgments, which shall be liens against the 


130 


real estate of such fiduciary from the time of such 
entry until payment, distribution or. satisfaction. 
Hixecutions may be issued thereon out of said court of 
common pleas against the real estate only of such 
fiduciary, by any person or persons interested, for the 
recovery of so much as may be due to them respec- 
tively. The lens of such judgments shall cease at the 
expiration of five years from the time of the entry 
aforesaid, unless revived by scire facias in the man- 
ner by law directed in the cases of judgments in the 
courts of common law. 

In case of an appeal from the orphans’ court, the 
judgment shall be for no more than the amount finally 
decreed by the appellate court to be due, and it shall 
be the duty of the prothonotary of the common pleas, 
on such decree of the appellate court being certified 
to him, to enter on his docket the amount so found due 
and decreed by the appellate court. If such amount 
be greater than that decreed by the orphans’ court, 
the judgment for such excess shall take effect only 
from the time of entering the decree of the appellate 
court; but if the amount be reduced by the final decree 
of the appellate court, the prothonotary shall reduce 
the amount originally entered on his judgment docket 
and index accordingly; and such final decree, upon 
appeal, being certified and filed in said court of com- 
mon pleas, the said term of five years shall be counted 
from the time of such entry. | 

(b) When the fiduciary shall have fully paid and 
discharged the amount of such judgment, the parties 
who have received payment shall acknowledge satis- 
faction thereof, on the record of the court of common 
pleas. In ease of neglect or refusal so to do, for the 
space of thirty days after request in writing and 
tender of all the costs, the orphans’ court, on due 
proof to them made that the entire amount due from 
such fiduciary, according to the final settlement of the 
said account, has been fully paid and discharged, may 
make an order for his relief from sueh recorded judg- 


131 


ment, which order, being certified to the court of com- 
mon pleas, shall be entered on their records, and shall 
operate as a full satisfaction and discharge of such 
judgment. 


Srction 52 (a) Any fiduciary whose accounts shall 
have been settled and confirmed and who shall have 
paid and transferred the remainder of the property 
in his hands to his successor in the administration or 
trust, if any, or to the persons legally entitled thereto, 
may, on petition, be discharged by the orphans’ court 
having jurisdiction of his accounts from the duties of 
his appointment; and his sureties may be discharged 
from future lability with respect thereto: Provided, 
That in every case of the petition of a guardian for 
his discharge during the minority of his ward, it shall 
be the duty of the court to appoint some suitable per- 
son to appear and act for the ward in respect thereto. 


(6) Whenever one or more of several joint fidu- 
ciaries shall die or be discharged or removed by the 
proper orphans’ court, the said court, upon the appli- 
cation of any party interested, shall have power to 
discharge from future liability said discharged or de- 
ceased fiduciary and his surety or sureties, and re- 
quire new or additional security of the remaining 
fiduciary or fiduciaries, with a like result in case of 
failure to comply as is provided by this act when 
new or additional security is, for any cause, required 
by such court: Provided, That such discharge shall 
not affect liabilities existing at the time of the dis- 
charge of such fiduciary or fiduciaries, surety or 
sureties. 


Section 53 (a) Any orphans’ court having juris- 
diction of the accounts of executors, administrators, 
guardians or trustees shall have exclusive power to 
remove such executor or administrator and vacate the 
letters testamentary or of administration or to re- 
move such guardian or trustee, as the circumstances 

of the case may require, in any of the following cases: 


132 


1. When such fiduciary is wasting or mismanaging 
the estate or property under his charge, or is likely to 
prove insolvent, or has neglected or refused to exhibit 
true and perfect inventories, or render full and just 
accounts of such estate or property, come to his hands 
or knowledge; 

_2. When such fiduciary has been duly declared a 
lunatic, habitual drunkard or weak-minded person; 

3. When such fiduciary has become incompetent to 
discharge the duties of his trust, by reason of sickness 
or physical or mental incapacity, and it shall appear 
to the satisfaction of the court that such incompe- 
tency is likely to continue, to the injury of the estate 
under his control; 

4. When such fiduciary has removed from this state, 
or has ceased to have any known place of residence 
therein, during the period of one year or more; 

d. When any guardian, whether testamentary or 
otherwise, mismanages the minor’s estate or miscon- 
ducts himself in respect to the maintenance, education 
or moral interests of the minor; 

6. When such fiduciary fails or neglects to pay over 
the principal or income of the estate, according to his 
duty under the trust, or fails or neglects to comply 
with any order or direction of the court made in rela- 
tion to said trust; 

7. When any trustee of property held in trust un- 
der the provisions of any last will and testament for 
religious, educational or charitable purposes, or for 
use as a burying-ground, neglects or abuses such 
trust ; 

8. When, for any reason, the interests of the estate 
or property are likely to be jeopardized by the con- 
tinuance of any such fiduciary. 

9. When all the cestuis que trust, or a majority of 
them, having the life estate under any trust, shall de- 
sire the removal of the trustee or trustees upon any 
substantial ground not hereinbefore enumerated, and 
the court, upon petition filed by them or any of them, ~ 


133 


shall be satisfied that such substantial ground for re- 
moval exists, in which case, the court may remove 
said trustee or trustees and appoint another or others 
as chosen by said parties. 

Provided, however, That nothing herein contained 
shall be construed to affect the jurisdiction of any 
court of common pleas in proceedings pending at the 
date of the approval of this act. 

(b) Whenever it shall be made to appear to the 
orphans’ court having jurisdiction of the accounts of 
any fiduciary, on the oath or affirmation of any person 
interested, that there exists any one or more of the 
grounds for removal of such fiduciary enumerated in 
the last preceding clause of this section, such court 
may issue a citation to such fiduciary, requiring him 
to appear on a day certain, to answer the charge so 
preferred, and may make all such necessary rules and 
orders as the said court may deem proper for bring- 
ing the matter complained of to a hearing. If, on 
such hearing, the said court shall be satisfied of the 
truth of the matters charged, it may remove such exe- 
eutor or administrator and vacate the letters testa- 
mentary or of administration or remove such guar- 
dian or trustee, as aforesaid, and direct the issuance 
of new letters testamentary or of administration, or 
appoint a new guardian or trustee, and make such or- 
ders for the security of the trust property and for 
the delivery of such property and the books, accounts, 
papers and moneys belonging or relating to the trust 
to the successor of such fiduciary as the circumstances 
of the case may require. | 

(c) Any orphans’ court having jurisdiction of the 
accounts of any fiduciary shall have power in a case 
of emergency, when the exigencies of the case shall 
appear to the satisfaction of the court to require it, 
in order that the rights of creditors and parties inter- 
ested in the assets of the estate shall be protected, 
summarily to remove such executor or administrator 
and vacate the letters testamentary or of administra- 


134 


tion or summarily to remove such guardian or trustee, 
on any of the grounds enumerated in clause (a) of 
this section, and to direct the issuance of new letters 
or to appoint a successor to such guardian or trustee, 
on the ex parte petition of any creditor or party in- 
terested in the estate, and further to make such or- 
ders for the security of the trust property and for the 
delivery of such property and the books, accounts, 
papers and moneys belonging or relating to the trust 
to the suecessor of such fiduciary as the circumstances 
of the case may require: Provided, That it shall be 
lawful for any such fiduciary, so removed, to apply 
by petition to said court to have such decree of re- 
moval vacated and to be reinstated in his office. 

(d) No decree removing one of several co-fidu- 
ciaries shall suspend the power or prejudice the acts 
of any of the other fiduciaries. 

(e) If such superseded fiduciary shall neglect or re- 
fuse to comply with any order or decree of the court 
made under the provisions of this section, the court 
shall have power to enforce obedience thereto by at- 
tachment, with or without sequestration, execution or 
otherwise, as to such court shall seem necessary and 
proper for the due protection of the rights and inter- 
ests of any and all parties interested; or the succeed- 
ing fiduciary may proceed at law against the super- 
seded fiduciary and his sureties, if any there be, or 
against any other person who may be possessed of 
any goods or chattels belonging to the estate of the 
decedent or minor, as the case may be, or be indebted | 
to him; or the remedies by execution and suit at law 
may be pursued at the same time, if the case so re- 
quire, until the end be fully attained. 

Section 04 (a) 1. In any of the cases enumerated in 
section fifty-three, clause (a) of this act, the court may, 
upon the return of the citation, require such secur- 
ity of an executor, or such other and further security 
of an administrator, guardian or trustee, as they may 
think reasonable, conditioned for the performance of 


135 


the trust, which security shall be taken in the name 
of the Commonwealth of Pennsylvania and filed in the 
said court, and shall be deemed and considered in 
trust for the benefit of all persons interested in such 
estate: Provided, That if it shall be made to appear 
to the said court that such fiduciary is about to re- 
move from his Commonwealth, or that the property 
under his charge may be wasted or materially in- 
jured before he can be reached by the ordinary 
process of the court, it shall be lawful for such court 
to issue a writ of attachment, under which the same 
proceedings may take place as in other cases of at- 
tachment on mesne process in the orphans’ court; and 
on the return of such attachment, the court may pro- 
ceed as on the return to the citation. 

2. If such fiduciary shall neglect or refuse to give 
such security, or such further security, so ordered, 
then the said court may remove such executor or ad- 
ministrator and vacate such letters testamentary or of 
administration, or remove such guardian or trustee, 
and direct the issuance of new letters or appoint a 
new guardian or trustee as aforesaid. 

(b) Application may be made to the orphans’ 
court, in any of the cases mentioned in clause (a) of 
section fifty-three of this act, by any surety on the bond 
of such fiduciary, and upon the petition of such surety 
duly verified by oath or affirmation, the like proceed- 
ings may be had, for the purpose of compelling such 
fiduciary to give security, and thereupon the court 
may order such fiduciary to give such counter-secur- 
ities as they shall judge necessary to indemnify the 
surety against loss by reason of his suretyship. If 
such fiduciary shall refuse or fail to give such secur- 
ity, within such reasonable time as the court shall 
order, it shall be lawful for the court to direct such 
fiduciary to pay or deliver over forthwith to such 
surety, or to some other person for him, all of the 
property, moneys, books, accounts and papers what- 
soever for which such surety may be accountable or 


136 é 


which may belong or relate to the trust: Provided, 
That such surety shall first give to the satisfaction of 
the court, sufficient security, faithfully to preserve 
and account therefor, and deliver and dispose of the 
same according to the order of the court. 

(c) It shall be lawful for the orphans’ court having 
jurisdiction of the accounts of any fiduciary, on the 
petition of any surety of such fiduciary, or of the per- 
sonal representatives of a deceased surety, to issue a 
citation requiring such fiduciary, at the return there- 
of, not less than thirty days’ notice to be given of the 
presentation of such petition, to file an account of his 
management of the trust or estate. The said cita- 
tion, upon such petition, and affidavit filed of the facts 
connected with the execution and position of the trust 
funds or estate, shall further direct the said fiduciary 
to show cause why the petitioner or his estate should 
not be discharged from all future liability, if the court, 
after due notice to all parties interested, deem it rea- 
sonable and proper. If the court, on due considera- 
tion, shall discharge such surety or his estate, the fidu- 
ciary shall thereupon give a new bond, with surety or 
sureties, as the court shall order, and on failure or 
refusal so to do, within such time as is ordered by 
the court, shall be removed from the trust, and some 
other person or corporation appointed. When a new 
bond is required under the provisions of this clause 
the surety in the prior bond or his estate shall be 
liable for all breaches of the conditions thereof com- 
mitted before the new bond is approved according to 
law. 

Section 55. In case any surety or sureties, or the 
personal representatives of any deceased surety or 
sureties upon the bond of any fiduciary, or any per- 
son interested in the trust, shall apply to the fiduciary 
for a complete and detailed statement of the nature 
and character of the securities in which the trust funds 
are invested, and the said fiduciary shall fail for the 
space of ten days to furnish such statement, or if, 


137 


such statement having been furnished, it shall appear 
to the said surety or sureties, or the representatives 
of said surety or sureties, or other person interested 
in said trust, that the funds in the hands of the said 
fiduciary are badly invested so as to be likely to re- 
sult in a loss to the trust, the said surety or sureties, 
or the representatives of said surety or sureties, or 
other person interested in the trust, may present a 
petition to the orphans’ court having jurisdiction of 
said trust, praying that an order be made requiring 
the said fiduciary to file an account of the administra- 
tion of his trust, which account shall include a com- 
plete and detailed statement of the manner and secur- 
ities in which said trust funds are invested, within 
twenty days after the service of said order, unless the 
time be enlarged by the court. Thereupon the said 
court shall make such order, and if, upon the audit of 
such account, it shall appear to the court that the said 
fiduciary has been guilty of any act of fraud or mis- 
management or has invested the trust funds in secur- 
ities not authorized by law or by the will of the testa- 
tor, or has made investments which are likely to cause 
a loss to the trust, said court may remove the said 
fiduciary and order payment of the assets to his suc- 
cessor or into court. . 

Section 56 (a) Whenever, by the provisions of any 
last will and testament admitted to probate, a trust 
has been or shall be declared of and concerning any 
real or personal estate, to be executed by a trustee or 
trustees named in said will or by the executor or 
executors of said will, whether by virtue of their of- 
fice or otherwise, and any of the said executors or 
trustees shall die, renounce, resign, be dismissed from 
or refuse to act in the said trust, leaving the other 
executor or executors, trustee or trustees, continuing 
therein, it shall be lawful for the orphans’ court hav- 
ing jurisdiction of the accounts of such executors or 
trustees, on the application of any party in interest, 
and with the consent of such continuing executor or 


138 


executors, trustee or trustees, with notice to all per- 
sons interested, so far as such notice can reasonably 
be given, to appoint a trustee or trustees in the place 
of the executor or executors, trustee or trustees, so 
dying, renouncing, resigning, dismissed or refusing to 
act, and to require the person or persons so appointed 
to enter sufficient security for the faithful perform- 
ance of the trust. The trustee or trustees so ap- 
pointed shall have the same power and interest over 
and in the property in trust, as the executor or exe- 
cutors, trustee or trustees, in whose stead he or they 
shall be so appointed as aforesaid. It shall also be 
lawful for the said court to appoint a successor or 
successors to such trustee or trustees from time to 
time, whenever from death, resignation or otherwise, 
the same shall be necessary or expedient. 

(6) Whenever, in any of the cases enumerated in 
clause (a) of this section, all of the said executors or 
trustees shall die, renounce, resign, be dismissed from 
or refuse to act in the said trust, it shall be lawful . 
for the orphans’ court having jurisdiction of the ac- 
counts of such executors or trustees, on the applica- 
tion of any party interested, and with notice to all 
persons interested, so far as such notice can reason- 
ably be given, to appoint a trustee or trustees, so 
dying, renouncing, resigning, dismissed or refusing 
to act, and to require the person or persons so ap- 
pointed to enter sufficient security for the faithful per- 
formance of the trust. The trustee or trustees so 
appointed shall have the same power and interest 
over and in the property in trust, as the executor or 
executors, trustee or trustees in whose stead he or 
they shall be so appointed as aforesaid. It shall also 
be lawful for the said court to appoint a successor or 
successors to such trustee or trustees from time to 
time, whenever from death, resignation or otherwise, 
the same shall be necessary or expedient. 

(c) In all cases of trusts created by will, and: an- 
nexed to the office of executor, such executor may 


139 


decline to accept the trust, or be discharged there- 
from, without affecting his office of executor, and the 
orphans’ court of the proper county shall have power 
to fill the vacaney by appointment; and if a trust fund 
or estate is committed to an executor or other trustee, 
in which several cestuis que trust have or are entitled 
to enjoy a separate interest, and a vacancy should in 
any manner occur in the office of the trustee thereof, 
the said court may appoint one or more trustees of 
such estate or fund, for each of the said cestuis que 
trust, on his or her application; and the said trustee 
give security as in other cases. 

(d) The jurisdiction of proceedings under the pro- 
visions of this section shall be exclusively in the 
proper orphans’ court: Provided, however, That 
nothing herein contained shall be construed to affect 
the jurisdiction of any court of common pleas in pro- 
ceedings pending at the date of the approval of this 
act. 

Section 57 (a) Any fiduciary appointed by any or- 
phans’ court of this commonwealth, or by virtue of 
any last will and testament, probated within this Com- 
monwealth, may, if resident within this Common- 
wealth, lawfully execute the duties of his trust, 
whether or not he is a resident of the county in which 
the trust was created, or in which the decedent had his 
domicile. The court having jurisdiction may, in its 
discretion, appoint or refuse to appoint as trustee or 
guardian any person who is not a resident of this 
Commonwealth, or a corporation of any state of the 
United States of America, other than Pennsylvania, 
duly authorized by its charter or by law to act as 
such fiduciary, and shall require in all cases of a non- 
resident of this Commonwealth, or of such corpora- 
tion, a bond, with sufficient sureties, conditioned for 
the faithful discharge of the duties of the trust; but 
the court may, in its discretion, permit such corpora- 
tion to give its own bond without sureties. Every ap- 
pointment by will of a trustee or guardian who is a 


140 


non-resident of this Commonwealth shall be subject 
to the approval of such court and the court may re- 
quire the entry of such bond. No such appointment 
shall be made of, nor shall letters testamentary be 
issued to, a corporation of another state, unless such 
corporation shall first file with the clerk of said court 
or with the register of wills, as the case may be, an 
appointment in writing of an attorney-in-fact, resi- 
dent within the respective county upon whom service 
of process and notices may be made. 

(b) When the trustee or trustees of any estate shall 
reside out of this Commonwealth, and any part of the 
trust estate, property or fund is situated within this 
state, the proper orphans’ court may, on the petition 
of any of the parties interested in said trust prop- 
erty, appoint one or more trustees resident within this 
Commonwealth, to act in conjunction with said non- 
resident trustee or trustees in the management and 
disposition of said trust; and the said court shall have 
the same power over said trustee or trustees so ap- 
pointed that it has in other cases of trust. 

Section 58 (a) Except as hereinafter provided, no 
letters testamentary or of administration, or other- 
wise, which may be granted out of this Commonwealth, 
purporting to authorize any person to intermeddle 
with the estate of a decedent, shall confer upon such 
person any of the powers and authorities possessed 
by an executor or administrator under letters granted 
within this state; nor, except as hereinafter provided, 
shall any appointment of a trustee of a decedent’s 
estate or any part thereof by will probated out of this 
Commonwealth, or by any court out of this Common- 
wealth, confer upon such person any of the powers 
and authorities possessed by a trustee under a will 
probated within this state or appointed by an orphans’ 
eourt of this state. 

(b) Exeept as hereinafter provided, no appoint- 
ment of a guardian, made or granted by any au- 
thority out of this state, shall authorize the person 


141 


so appointed to interfere with the estate, or control 
the person of a minor in this state: Provided, That 
such foreign guardian may, at the discretion of the 
orphans’ court having jurisdiction, be appointed by 
said court, on giving security for the due perform- 
ance of his trust. 

(c) It shall be lawful for any executor, adminis- 
trator, trustee, or other person duly authorized to 
take charge or possession of the personal estate of 
any decedent, or for any guardian or other legal rep- 
resentative of the estate of a minor, acting under let- 
ters testamentary or of administration, or other au- 
thority, granted by or under the laws of any other 
state, territory or possession of the United States 
of America, or of any foreign country, to assign and 
transfer, and to receive the dividends or interest of, 
any public debt or loan of the Commonwealth of 
Pennsylvania, or of any county, city, borough, town- 
ship or school district thereof, or any stocks or bonds 
of anv corporation incorporated under the laws of 
this Commonwealth, standing in the name of, or be- 
longing to, the decedent, minor or cestui que trust, 
or any mortgage debt or indenture of mortgage held 
by, or belonging to, the decedent, minor or cestui que 
trust, upon real estate situate within this Common- 
wealth, and to enter or cause to be entered satisfac- 
tion upon the record of such indenture of mortgage. 
Before any such act shall be done by any such ex- 
ecutor, administrator, trustee, guardian or other per- 
son, there shall be filed in the office of the register of 
wills for the county in which is located the office for 
the transfer of such loans, stocks or bonds, or, in 
the case of a mortgage, of the county where the mort- 
gaged real estate may be situated, when such person 
is acting under letters or other authority granted by 
or under the laws of any other state, territory or pos- 
session of the United States. of America, a copy of 
the will, probate and letters issued thereon, or of 
such other grant of authority, duly authenticated in 


142 


accordance with the Acts of Congress; or, when such 
person is acting under letters or other authority 
granted by or under the laws of any foreign country, 
a copy of such will, probate and letters issued there- 
on, or of such other grant of authority, certified by 
the official custodian of such documents or records, 
under his official seal if any, to be a true and correct 
copy of the originals thereof in his possession or un- 
der his control, together with the certificate of the 
presiding judge or the officer having jurisdiction or 
authority over such custodian that the attestation is 
in due form and by the proper officer: Provided, 
That before any such executor, administrator or 
trustee shall assign or transfer any such loans, 
stocks, bonds or mortgages, or receive any interest 
or dividends thereon, or enter satisfaction of any 
such mortgage, he shall also file, with said register of 
wills, an affidavit stating that the said decedent is 
not indebted to any person in this Commonwealth, and 
that the proposed transfer, assignment, receipt or en- 
try of satisfaction 1s not made for the purpose of re- 
moving any of the assets of said decedent beyond the 
reach of any of the creditors in this Commonwealth; 
and any such transfer, assignment, receipt or entry of 
satisfaction without first making and filing such affi- 
davit, shall be void. 

(d) Whenever a citizen of the United States, non- 
resident in the Commonwealth of Pennsylvania, shall 
have died owning real estate in this Commonwealth, 
and by his last will and testament shall have empow- 
ered his executor or trustee to sell and convey his real 
estate, it shall be lawful for said executor or trustee, 
or his duly appointed successor, although not a resi- 
dent in this Commonwealth, from and after the expira- 
tion of one year from the death of such decedent, to 
execute any power of sale contained in said last will 
and testament, and to sell and convey to the purchaser 
the whole or any part of such real estate located in 
this Commonwealth: Provided, That before executing 


143 


the power of sale, a copy of the last will, probate and 
letters testamentary, and of the decree appointing 
such successor, if any there be, duly authenticated as 
provided in clause (c) of this section, shall be filed in 
the office of the register of wills of the county where 
the land is situated: Provided further, That nothing 
in this clause shall change or modify the acts of As- 
sembly relating to collateral inheritances. 

(e) It shall be lawful for foreign executors or ad- 
ministrators to cause to be issued, in their names as 
such executors or administrators, writs of scire facias 
within this Commonwealth, on all judgments in favor 
of their decedents, the len of which judgments is 
about expiring: Provided, That before any further 
proceedings are had, letters testamentary or of admin- 
istration must be granted within this Commonwealth, 
as provided by law. 

(f) It shall be lawful for the orphans’ court having 
jurisdiction of the accounts of any fiduciary to award 
personal property to the foreign executor or adminis- 
trator of a deceased non-resident creditor, legatee or 
distributee, when it shall appear to the satisfaction of 
the court, by affidavit, or other evidence, that there are 
no creditors of such non-resident decedent within this 
Commonwealth, and when it shall further appear by 
certificate of the register of wills, surrogate or court 
of the proper jurisdiction, duly authenticated as re- 
quired by the Acts of Congress, if the domicile of such 
non-resident creditor, legatee or distributee was in 
another state, territory or possession of the United 
States of America, or by the proper diplomatic or 
consular officer appointed by the United States of 
America, under his official seal, if such domicile was 
in a foreign country, that the person claiming to re- 
ceive such award is authorized under the laws of such 
state, territory, possession or country to receive the 
property of his decedent: Provided, That the benefits 
of this clause shall not extend to any case in which it 
shall appear that the rights of any resident of this 


144 


Commonwealth may be adversely affected by such 
transfer of property to such foreign executor or ad- 
ministrator. 

(g) 1. In all cases where any guardian and his ward, 
or trustee and his cestui que trust, or committee and 
his lunatic, or any other fiduciary and the person in 
whose interest he is acting, shall both be non-residents 
of this state, and such ward or cestui que trust shall 
be entitled to money, personal property of any descrip- 
tion or the proceeds of any sale of real estate in this 
state, under the control or jurisdiction of any orphans’ 
court, and such guardian, trustee or other fiduciary 
shall produce satisfactory proof to said court, by cer- 
tificates, that he has given bond and security, with 
special reference to the money or personal property 
to be removed, in the state or country in which he and 
his ward or cestui que trust reside, in double the 
amount of such money or of the value of such prop- 
erty, as guardian, trustee or other fiduciary, and it 
shall be found that a removal of the property will not 
conflict with the terms or limitations attending the 
right by which the ward or cestui que trust owns the 
same, and that no right of any resident of this Com- 
monwealth will be prejudiced by such removal, then 
any such guardian, trustee or other fiduciary may de- 
mand or sue for and remove any such money or prop- 
erty to the place of residence of himself and his ward 
or cestui que trust. If such guardian, trustee or other 
fiduciary and his ward or cestui que trust reside in an- 
other state, territory or possession of the United States 
of America, such certificate shall be authenticated as 
required by the Acts of Congress, and, if they reside in 
a foreign country, shall be made by the court having 
jurisdiction of such guardian, trustee or other fiduc- 
iary, and authenticated by and under the official seal 
of a diplomatic or consular officer appointed by the 
United States of America and residing in such coun 
try: Provided, That if it shall appear by such certifi- 
cate that, under the laws of such state, territory, pos- 


145 


session or foreign country, such guardian, trustee or 
other fiduciary, is not required to enter security, but. 
that the interests of his ward or cestui que trust are 
safeguarded bv a deposit of the money or property 
‘in the court having proper jurisdiction, then it shall 
be lawful for the orphans’ court of the proper county 
in this state to cause suitable orders to be made au- 
thorizing the delivering and passing over of such 
money or property to such court without the entry of 
security. 

2. When such non-resident guardian or trustee shall 
produce an exemplification under the seal of the office, 
if there be a seal, of the proper court in the state or 
eountry of his residence, containing all the entries on 
record in relation to his appointment and giving bond, 
and authenticated as required by the Acts of Congress, 
or by a diplomatic or consular officer appointed by the 
United States of America, as provided in paragraph 
one of this clause, the orphans’ court of the proper 
county in this state may cause suitable orders to be 
made, discharging any resident fiduciary and author- 
izing the delivering and passing over of such personal 
porperty, and also requiring receipts to be passed and 
filed, if deemed advisable; Provided, That in all cases 
thirty days’ notice shall be given to the resident fiduc- 
iary, if such there be, of the intended appheation for 
the order of removal; and the court may reject the 
application and refuse such order whenever it is sat- 
isfied that it is for the interest of the ward or cestui 
que trust that such removal shall not take place, or 
that the claims of residents of this Corhmonwealth are 
not fully protected. 

(h) When all the persons for whose benefit a valid 
trust shall have been created by will, for a term of 
years or for life, shall have removed from this state 
into any other state, territory or possession of the 
United States, to reside permanently therein, the or- 
phans’ court having jurisdiction of such trust is here- 
by authorized and empowered, on application by or on 


146 


behalf of all the persons interested in the trust, to 
‘direct the trustee or trustees appointed in and by said 
will, to pay over said trust moneys, or transfer the 
securities in which they may have been invested, to a 
trustee or trustees duly appointed by the court of such 
other state, territory or possession, upon the produc- 
‘tion to said court of satisfactory proof, by certificates, 
of the appointment of such trustee or trustees in the 
other state, territory or possession, the authority of 
such trustee or trustees to receive such moneys or se- 
curities, and the entry of bond and security or proof 
of the fact that under the laws of such state, territory 
or possession security is not required, such certificates 
to be authenticated in the manner provided in clause 
(g), paragraph one of this section, and upon the pro- 
duction of satisfactory proof that the removal of the 
property will not conflict with the terms or limitations 
attending the rights which the cestuis que trust have 
in such money or securities. 

Section 59 (a) The orphans’ court of each county 
shall have the care of the persons of minors resident 
within said county, and of their estates, and shall have 
power to admit such minors, over the age of fourteen, 
when and as often as there shall be occasion, to make 
ehoice of guardians, and to appoint guardians for such 
as are under the age of fourteen or otherwise incom- 
petent to make choice for themselves. Such appoint- 
ment or admission of a guardian by the orphans’ court 
of the county in which the minor resides, shall have 
the like effect in every other county in this Common- 
wealth, as in that by the orphans’ court of which he 
shall have been so admitted or appointed. 

(b) Persons of the same religious persuasion as the 
parents of the minors shall, in all cases, be preferred 
by the court, in their appointment as guardians of the 
persons of such minors. _ 

(c) No executor, administrator or trustee shall be 
admitted or apopinted, by the orphans’ court, guard- 
jan of a minor having an interest in the estate under 


147 


the care of such fiduciary: Provided, That nothing 
herein contained shall be construed to extend to the 
ease of a testamentary guardian. 

(d) The orphans’ court shall not appoint the father 
or the mother of a minor as guardian of the estate 
of said minor: Provided, That nothing herein con- 
tained shall be construed to extend to the ease of 
a testamentary guardian: And provided further, That 
where the estate of the minor shall be of the value 
of one hundred dollars or less, the court may, in its 
discretion, authorize payment or delivery thereof to 
the natural guardian of the minor or the person by 
whom the minor is maintained, without the appoint- 
ment of a guardian by the court or the entry of se- 
curity. 

(e) The orphans’ court of each county shall have 
power to appoint guardians of the estates of minors 
resiing out of the Commonwealth, in all cases where 
such minors are possessed of estates lying within the 
jurisdiction of said court, upon the petition of the 
minors, if over the age of fourteen, and if it be rea- 
sonably practicable for such minors to present their 
own petitions, and in other cases on the petition of 
persons qualified to act as their next friends, without 
requiring the said minors to appear in court to make 
choice of such guardians. 

(f) The orphans’ court of each county shall have 
power to appoint guardians of the persons and estates 
of minors, residents of such county, who may be ab- 
sent in the service of the United States or who may 
be physically unable to appear and choose for them- 
selves, or who may be so distant from the seat of jus- 
tice of the county as to make it unnecessarily expen- 
sive for them to appear, upon the petition of the 
minors, if over the age of fourteen, and if it be rea- 
sonably practicable for such minors to present their 
own petitions, and in other cases on the petitions of 
persons qualified to act as their next friends, without 
requiring the said minors to appear in court to make 


14£ 
choice of such guardians: Provided, That when the 
appointment shall be made on petition of a next friend, 
the minor, if of the age of fourteen or on attaining 
that age, may subsequently appear and choose his 
cuardian. 

(g) The orphans’ court having jurisdiction, when- 
ever they may deem it proper, may require a bond, 
with good and sufficient corporate security, or with 
two good and sufficient individual sureties, from every 
guardian of a minor, whether admitted or appointed 
by the court, or appointed by will, or, in the case of 
a corporation duly authorized by its charter or by law 
to act as guardian, said court may permit such cor- 
poration to give its own bond without surety. Guard- 
ians’ bonds shall be filed in the office of the clerk of 
the court, and be considered in trust for all persons 
interested; the bonds shall be taken to the Common- 
wealth in such penalties as the court shall direct and 
the condition shall be in the following form: 

The condition of this obligation is such, that if the 
above-bounden A. B., guardian of C. D., a minor child 
of K. F., (late of , deceased, ) 
shall, at least once in every three vears, and at any 
other time when required by the orphans’ court for 
the county of , render a just and 
true account of the management of the property and 
estate of the said minor, under his care, and shall also - 
deliver up the said property, agreeably to the order 
and decree of the said court, or the directions of law, 
and shall, in all respects, faithfully perform the duties 
of guardian of the said C. D., then the above obligation 
shall be void, otherwise it shall be and remain in full 
force and virtue. 

Provided, That nothing in this act contained shall 
be construed to deprive a minor of any action or rem- 
edy to which he may be entitled at the common law, 
against his guardian for any cause whatever. 

(h) Every guardian shall, within thirty days after 
any property of his ward shall have come into his 


149 


hands or possession, or into the hands and possession 
of any person for him, file in the office of the clerk of 
the court a just and true inventory and statement, on 
oath or affirmation, of all such property or estate. 

(1) When any one shall die, leaving an infant child 
or children, without having made an adequate provis- 
ion for the support and education of such child or 
children, during their minority, the orphans’ court 
may direct a suitable periodical allowance, out of the 
minor’s estate, for the support and education of such 
minor, according to the circumstances of each case; 
which order may, from time to time, be varied by the 
court, according to the age of the minor and the cir- 
cumstances of the case. 

(7) 1. Every guardian, whether required by the court 
to give security or not, shall, at least once in every 
three years, and at any other time when so required 
by the court, render an account of the management of 
the minor’s property under his care, which accounts 
shall be filed in the office of the clerk of the orphans’ 
court, for the information of the court and the inspec- 
tion of all parties concerned. 

2. After the filing of such account or accounts, such 
guardian, or any person qualified to act as next friend 
of the minor, may petition the orphans’ court of the 
respective county for leave to have said account or ac- 
counts examined or audited and confirmed, with the 
same force and effect as executors’, administrators’ 
and trustees’ accounts are examined or audited and 
confirmed. 

3. Such petition shall set forth the reason why such 
account or accounts should be examined or audited 
and confirmed, and shall contain full information as 
to who may be next of kin or nearest relative of age 
to such minor or minors, and all others interested in 
the minor’s estate, together with their addresses if 
it is possible to give them. 

4. The court may thereupon direct to whom, and 
what, notice, if any, shall be given to such next of kin, 


150 


or nearest relative of age, or the parties interested in 
said minor’s estate, including*the minor or minors if 
fourteen vears of age or over, of the filing of said ac- 
count or accounts and presentation of said petition. 

5. After the filing of due proof of the service of said 

notice, if any he required by the court, the court may, 
if it be satisfied that any reasonable necessity exists 
for the examination or audit and confirmation of such 
account or accounts, asked by said petition, thereupon 
appoint some suitable person to act as guardian ad 
litem for the minor or minors interested in said ac- 
count or accounts; and the same shall be thoroughly 
examined by said guardian ad litem, who shall make 
report to the court of the result of his examination; 
or the court may examine and audit said account it- 
self; and, after said examination or audit is complet- 
ed, a final decree of confirmation as to the matters 
contained in said account or accounts, and said report 
or reports, and said audit or audits, shall be made by 
the court, which decree of confirmation shall be final 
and conclusive as to matters contained in said ac- 
counts, reports or audits and decrees, with the same 
force and effect as such decrees now have in respect 
to the accounts of executors, administrators and trus- 
tees and the audits thereof. 
_ 6. The costs of said audits or examinations, includ- 
ing a fee for said guardian ad litem to be fixed by the 
court, shall be allowed as part of the administration 
expenses, and be paid by such guardians out of the 
property of the ward in their hands, and allowed as 
credits in said decrees or the said costs shall, in the 
discretion of the court, be paid by the said guardians 
personally. 

7. Appeals from such decrees, and rehearings of 
such accounts shall be allowed, in the same manner 
and form, and with the same force and effect, as are 
allowed in the similar cases of other fiduciaries. 

8. Every such guardian, unless previously dis- 
charged or removed, shall, on the arrival of his ward 


151 


at full age, file in the register’s office a full and com- 
plete account of his management of the minor’s prop- 
erty under his care, including all the matters embraced 
in each partial account, except where an examination 
or audit, and final decree of confirmation, has taken 
place, as hereinbefore provided, in which ease said final 
account shall include only such matters as were not 
included in such former accounts and decrees afore- 
said. And the decree of the orphans’ court upon such 
final account shall, like other decrees of the court, be 
conclusive upon all parties, unless reversed, modified 
or altered on appeal. 

(kK) In all cases in which proceedings may be had in 
any orphans’ court, affecting the interest of a minor, 
notice of such proceedings shall be given to the guard- 
ian of such minor in the same manner as is provided 
by law in the ease of persons of full age. If such 
minor has no guardian appointed by an orphans’ court 
of this Commonwealth, or by will probated within this 
Commonwealth, the orphans’ court in which such pro- 
ceedings shall be pending shall appoint a guardian ad 
litem for such minor in the same manner as is provid- 
ed by this act in the case of ordinary applications for 
the appointment of guardians. If such minor or his 
next friend shall fail or refuse to apply for the ap- 
pointment of a guardian ad litem, as aforesaid, then 
such guardian shall be appointed by said court on 
petition filed by any person interested in such pro- 
ceedings. Notice shall be served, as aforesaid, upon 
such guardian ad litem whenever notice shall be re- 
quisite. 

Section 60 (a) Whenever it shall be made known 

*to the orphans’ court of the county in which shall be 
found all or the greater portion of the estate, within 
this Commonwealth, of any person who has been a 
resident either of this Commonwealth or of any other 
state, territory, or possession of the United States, 
or of any foreign country, and who has absented him- 
self from his usual place of abode, by the petition, 


152 


verified by affidavit, of the husband, wife or next of 
kin of such person, or other persons interested, in the 
order named, such petition being supported by the 
affidavits of at least two disinterested residents of the 
city, borough, township, or other territorial subdivis- 
ion where such person was last known to reside, that 
such person has been absent from his usual place of 
abode for the space of one year, that his whereabouts 
is not and has not been known for the space of one 
year, and he has left an estate, either real or personal, 
or both, situated, owing or belonging to him, within 
this Comomnwealth without any person to take charge 
of or manage the same, it shall be lawful for said court 
to appoint one or more trustees who shall take charge 
of and manage the estate of such person, so being ab- 
sent, and who shall be under the control and direc- 
tion of said court. 

(b) Such trustee or trustees, before taking charge 
of such estate, shall give bond in twice the amount of 
the personal property, and seven years’ rental of real 
estate, with sufficient corporate security or two suffi- 
cient individual sureties, to be approved by said court, 
for the faithful discharge of his or their duties, and 
shall, within thirty days after his or their appoint- 
ment, file an inventory of said estate, and render an 
account at least once in three years, or oftener if re- 
- quired by said court; Provided, That in the ease of a 
corporation duly authorized by its charter or by law 
to act as such trustee, said court may permit such cor- 
poration to give its own bond without surety. 

(c) If such person so being absent shall return be- 
fore the expiration of seven years from the time when 
he was last heard of, or before letters testamentary 
or of administration shall have been issued in his es- 
tate on the ground of his presumed death, or, in case 
such letters shall have been so issued, before the said 
trustee or trustees shall have paid or delivered over 
the property or estate to the executors or administra- 
tors so appointed, then said trustee or trustees shall 


153 


render an account and restore to such person the 
property and estate after deducting the reasonable 
expenses of said trust and compensation of said trustee 
or trustees. If such absent person shall die within 
such period of seven years, and letters testamentary 
or of administration shall be duly issued in his estate, 
or if. after the expiration of said period of seven 
vears, letters testamentary or of administration shall 
be issued in his estate on the ground of his presumed 
death, then said trustee or trustees shall render an 
account and pay and deliver over to the executors or 
administrators of such person the property and es- 
tate after deducting expenses and compensation as 
aforesaid. 

Section 61. No immaterial variation from the forms 
given and prescribed in and by this act, shall vitiate 
or render void any proceedings in which said forms 
shall be used. 

Section 62. This act shall be known and may be 
cited as the Fiduciaries Act of 1917. 

Section 63. The following acts and parts of acts of 
assembly are hereby repealed as_ respectively indi- 
eated. The repeal of the first section of an act shall 
not repeal the enacting clause. 

An act entitled ‘‘An Act directing the order of pay- 
ment of debts of persons deceased,’’ passed January 
12, 1705-6, 2 Statutes at Large, 198, Chapter 134, ab- 
solutely. 

Sections 2 to 7 inclusive, and 10 to 13 inclusive, of 
an act entitled ‘‘An Act for establishing orphans’ 
courts,’’ passed March 27, 1713, 1 Sm. L. 81, abso- 
lutely. 

An act entitled ‘‘An Act for the more easy recovery 
of legacies,’’ passed March 21, 1772, 1 Sm. L. 383, ab- 
solutely. 

Section 5 of an act entitled ‘‘An Act for prevention 
of frauds and perjuries,’’ passed March 21, 1772, 1 
Sm. LL. 389, absolutely. 


154 


An act entitled ‘‘An Act for continuing an act, en- 
titled ‘An Act for the more easy recovery of lega- 
cies,’ ’’ passed October 9, 1779, 1 Sm. L. 473, abso- 
lutely. 


Section 8 of an act entitled ‘‘ An Act to establish the 
judicial courts of this Commonwealth, in conformity 
to the alterations and amendments in the constitu- 
tion,’’ passed April 18, 1791, 3 Sm. L. 28, absolutely. 

An act entitled ‘*An Act to enable executors and 
administrators, by leave of court, to convey lands and 
tenements contracted for with their decedents, and 
for other purposes therein mentioned,’’ passed March 
31, 1792, 3 Sm. L. 66, absolutely. 

Sections 1, 2, and 14 to 21 inclusive of an act en- 
titled ‘‘ An Act directing the descent of intestates’ real 
estates, and distribution of their personal estates, and 
for other purposes therein mentioned,’’ passed April 
19, 1794, 3 Sm. L.. 148, absolutely. 


Sections 1 to 4 inclusive, and 9, of an act entitled 
‘‘An Act supplementary to the act, entitled ‘An Act 
directing the descent of intestates real estates, and 
distribution .of their personal estates, and for other - 
purposes therein mentioned,’ ’’ passed April 4, 1797, 
3 Sm. L. 296, absolutely. 

An act entitled ‘‘An Act declaring the power and 
authority given by any last will and testament to ex- 
ecutors to sell and convey real estates, to be and re- 
main in the survivors or survivor of them, unless 
otherwise expressed in the will of the testator, and 
for other purposes therein mentioned,’’ passed March 
12, 1800, 3 Sm. L. 43838, absolutely. 


An act entitled ‘‘An Act authorizing executors and 
administrators, in certain cases, to convey lands sold 
by their decedents by order of orphans’ court,’’ ap- 
proved April 2, 1802, P. L. 133, absolutely. 

An act entitled ‘‘A supplement to the act entitled, 
‘An Act to enable executors and administrators, by 
leave of court, to convey lands and tenements contract- 


195 


ed for with their decedents, and for other purposes 
therein mentioned,’ ’? approved March 12, 1804, P. L. 
271, absolutely. 


Section 3 of an act entitled ‘‘An Act to amend cer- 
tain parts of an act, entitled ‘An Act supplementary 
to the several acts of this Commonwealth, concerning 
partitions and for other purposes therein mention- 
ed,’ ’’ approved March 26, 1808, P. L. 144, absolutely. 

Section 2 of an act entitled ‘‘An Act relative to 
dower, and for other purposes,’’ approved April 1, 
1811, P. L. 198, absolutely. 

An act entitled ‘‘A supplement to the act entitled, 
‘An Act declaring the power and authority given by 
any last will and testament to executors to sell and 
convey real estates, to be and remain in the survivors 
the will of the testator, and for other purposes therein 
or survivor of them, unless otherwise expressed in 
absolutely. 

An act entitled, ‘‘An Act to compel trustees to ac- 
count in certain cases, and for other purposes,’’ ap- 
proved February 17, 1818, P. L. 104, in so far as it 
relates to testamentary trustees. 

An Act entitled, ‘‘A further supplement to the act 
entitled ‘An Act to enable executors and administra- 
tors by leave of the court to convey lands and tene- 
ments contracted for with their decedents, and for 
other purposes,’ ’’ approved March 10, 1818, Pelt 
183, absolutely. 


Section 7 of an act entitled, ‘‘An Act to compel as- 
signees to settle their accounts, and for other pur- 
poses,’’ approved March 24, 1818, Pelee So eso ar 
as it relates to fiduciaries subject to the jurisdiction 
of the orphans’ court. 

Section 2 of an act entitled ‘‘An Act to limit the 
time of appeal in cases of divorce, and of the settle- 
ment of the accounts of guardians, executors and ad- 
ministrators,’’ approved February 8, 1819, P. L. 58, 
absolutely. 


156 


Section 2 of an act entitled ‘‘A further supplement 
to an act, entitled ‘An Act to enable the executors and 
administrators by leave of court, to convey lands and 
tenements contracted for with their decedents, and for 
other purposes therein mentioned,’ passed the thirty- 
first of March, one thousand seven hundred and ninety- 
two,’’ approved February 5, 1821, P. L. 25, absolutely. 


An act entitled ‘‘An Act relative to guardians of 
minor children,’’ approved March 30, 1821, P. L. 158, 
absolutely. 


Section 2 of an act entitled, ‘‘An Act to encourage 
domestic industry, and promote the comfort of the 
poor,’’ approved March 31, 1821, P. L. 178, absolutely. 


An act entitled ‘‘A further supplement to the act 
entitled, ‘An Act directing the descent of intestates’ 
real estates and distribution of their personal estates, 
and for other purposes therein mentioned,’ ’’ ap- 
proved April 1, 1823, P. L. 286, absolutely. 


Section 1 of an act entitled ‘‘An Act to enable ex- 
ecutors, administrators, guardians, and other trustees, 
to invest their trust moneys,’’ approved February 18, 
1824, P. L. 25, in so far as it relates to fiduciaries sub- 
ject to the jurisdiction of the orphans’ court. 

An act entitled ‘‘An Act to prevent the failure of 
trusts,’’? approved March 22, 1825, P. L. 107, in so far 
as it relates to testamentary trustees. 

Section 1 of an act entitled ‘‘A supplement to the 
intestate law of this Commonwealth,’’ approved April 
5, 1826, P. L. 255, absolutely. 

Section 3 of an act entitled ‘‘An Act for the relief 
of the poor,’’ approved April 10, 1828, P. L. 285, ab- 
solutely. 

Sections 1 and 2 of an act entitled ‘‘ An Act to pre- 
vent the failure of trusts, to provide for the settle- 
ment of accounts of trustees and for other purposes,”’ 
approved April 14, 1828, P. L. 453, in so far as they 
relate to testamentary trustees. 


157 


Sections 1 and 2 of an act entitled ‘‘ An Act concern- 
ing executors,’’ approved April 3, 1829, P. L. 122, ab- 
solutely. 

An act entitled ‘‘A further supplement to the act 
directing the descent of intestates’ real estates and 
distribution of their personal estates, and for other 
purposes therein mentioned, passed the nineteenth day 
of April, seventeen hundred and ninety-four,’’ ap- 
proved April 7, 1830, P. L. 347, absolutely. 


Sections 6, 14, 15, 16, 18 to 24 inclusive, 26 to 30 
inclusive, 43 and 44 of an act entitled ‘‘An Act relat- 
ing to registers and registers’ courts,’’ approved 
March 15, 1832, P. LL. 185, absolutely. 

Sections 5 to 34 inclusive, 47, 53 and 54 of an act 
entitled ‘‘An Act relating to orphans’ courts,’’ ap- 
proved March 29, 1832, P. L. 190, absolutely. 

Sections 1 to 41 inclusive, 48, 45 to 61 inclusive, 66, 
67 and 68 of an act entitled ‘‘An Act relating to ex- 
ecutors and administrators,’’ approved February 24, 
1834, P. L. 73, absolutely. 

Sections 1 and 3 of an act entitled ‘‘Supplement to 
the act passed the twenty-ninth day of March, Anno 
Domini, one thousand eight hundred and thirty-two, 
entitled ‘An Act relating to orphans’ courts,’ ’’ ap- 
proved April 14, 1835, P. L. 275, absolutely. 

Sections 12 and 13 of an act entitled ‘‘ A supplement 
to the act entitled ‘An Act to establish the district 
court for the city and county of Philadelphia,’ passed 
the twenty-eighth day of March, one thousand eight 
hundred and thirty-five,’’ approved March 11, 1836, 
P. L. 76, in so far as they relate to testamentary 
trustees. 

Sections 15 to 21 inclusive and 23 to 26 inclusive of 
an act entitled ‘‘An Act relating to assignees for the 
benefit of ereditors, and other trustees,’’ approved 
June 14, 1836, P. L. 628, in so far as they relate to 
testamentary trustees. 

Section 3 of an act entitled ‘‘ An Act supplementary 
to the various acts relating to orphans’ and registers 


158 


courts, and executors and administrators, and the act 
relating to the measurement of grain, salt, and coal,”’ 
approved June 16, 1836, P. L. 682, absolutely. 


Section 2 of an act entitled ‘‘ An Act to empower the 
court of common pleas for the city and county of 
Philadelphia to appoint assignees or trustees in the 
place of the deceased assignees or trustees of John 
Vaughan, and for other purposes,’’ approved March 
17, 1838, P. L. 80, in so far as it relates to the orphans’ 
court. 


Sections 1 and 2 of an act entitled ‘‘A further sup- 
plement to an act, entitled ‘An Act relating to or- 
phans’ courts,’ passed the twenty-ninth day of March, 
one thousand eight hundred and thirty-two, and the 
supplement thereto, passed the fourteenth of April, 
one thousand eight hundred and thirty-five, and for 
other purposes,’’ approved April 13, 1840, P. L. 319, 
absolutely. | 


Section 1 of an act entitled ‘‘An Act relating to 
orphans’ courts, and for other purposes,’’ approved 
October 13, 1840, P. L. (1841) 1, absolutely. 

Section 5 of an act entitled ‘‘A further supplement 
to the act entitled ‘An Act to establish the district 
court of the city and county of Philadelphia,’ passed 
the twenty-eighth day of March, one thousand eight 
hundred and thirty-five, and for other purposes,’’ ap- 
proved March 12, 1842, P. L. 66, absolutely. 

Section 52 of an act entitled ‘‘An Act concerning 
the trust estate of Hugh Roberts, deceased, and for 
other purposes,’’ approved July 16, 1842, P. L. 374, 
absolutely. 


Section 22 of an act entitled ‘‘An Act to authorize Ej 


the governor to incorporate the Delaware Canal Com- 
pany, and for other purposes,’’ approved April 13, 
1843, P. L. 237, absolutely. 

Section 9 of an act entitled ‘‘An Act in regard to 
certin entries in ledgers in the city of Pittsburgh, and 
relating to the publishing of sheriffs’ sales, and for 


159 


other purposes,’’ approved April 22, 1846, P. L. 476, 
absolutely. 

Section 1 of an act entitled ‘‘ An Act relative to the 
appointment of trustees by orphans’ court, and for 
other purposes,’’ approved April 22, 1846, P. L. 483, — 
absolutely. 

An act entitled ‘‘An Act to enable the executors and 
administrators of decedents to perfect title to real es- 


tate in certain cases,’’ approved February 8, 1848, 
P. L. 27, absolutely. 


Section 9 of an act entitled ‘‘ A supplement to an act, 
entitled ‘An Act relative to the LeRaysville Phalanx,’ 
passed March, Anno Domini one thousand eight hun- 
dred and forty-seven, and relative to obligors and ob- 
ligees, to secure the right of married women, in rela- 
tion to defalcation, and to extend the boundaries of 
the borough of Ligioner,’’ approved April 11, 1848, 
P. I. 586, in so far as it relates to letters of admin- 
istration. 


An act entitled ‘‘An Act relative to sales made by 
persons acting in a fiduciary capacity,’’ approved 
March 14, 1849, P. L. 164, in so far as it relates to 
powers to sell or let real estate on ground rent, con- 
tained in any will or testamentary writing. 


Section 2 of an act entitled ‘‘A further supplement 
to an act, entitled ‘An act authorizing the Governor 
to incorporate the Mill Creek and Mine Hill naviga- 
tion and railroad company,’ passed the seventh day 
of February, Anno Domini, one thousand eight hun- 
dred and twenty-eight; and in relation to orphans’ 
court deeds,’’ approved April 9, 1849, P. L. 511, ab- 
solutely. 


Sections 5, 13 and 16 of an act entitled ‘‘ A supple- 
ment to an act relative to the venders of mineral 
waters; and an act relative to the Washington Coal 
Company; to sheriffs’ sales of real estate; to the sub- 
stitution of executors and trustees when plaintiffs; to 
partition in the courts of common pleas, and for other 


160 ‘ 
purposes,’’ approved April 9, 1849, P. L. 524, abso- 
lutely. 

Section 2 of an act entitled ‘‘An Act relative to 
sheriffs’ sales, and to the appointment of trustees in 
the county of Philadelphia, and to the appointment 
of trustees; incorporating the First Presbyterian 
Church of Pottstown, Montgomery county, and chang- 
ing the venue of a certain suit in Huntingdon county,”’ 
approved April 10, 1849, P. L. 597, abselutely. 


Section 1 of an act entitled ‘‘An Act relating to 
conveyances by trustees,’’ approved March 14, 1850, 
P. L. 195, in so far as it relates to fiduciaries subject 
to the jurisdiction of the orphans’ court. 


Sections 1, 5 and 44 of an act entitled ‘‘An Act re- 
lating to the bail of executrixes; to partition in the 
orphans’ court and common pleas; to colored convicts 
in Philadelphia; to the limitation of actions against 
corporations; to actions enforcing the payment of 
ground rent; to trustees of married women; to ap- 
peals from awards of arbitrators by corporations; to 
hawkers and pediers in the counties of Butler and 
Union; to the payment of costs in actions by informers 
in certain cases; to taxing lands situate in different 
townships; and in relation to fees of county treasurers 
of Lycoming, Clinton and Schuylkill; to provide for 
recording the accounts of executors, administrators, 
euardians and auditors’ reports; and to amend and 
alter existing laws relative to the administration of 
justice in this Commonwealth,’’ became a law April 
25, 1850, by reason of the Governor’s failure to return 
it within ten days, P. L. 569, absolutely. 

Sections 22 and 23 of an act entitled ‘‘An Act to 
incorporate the Wyoming County Mutual Insurance 
Company; relating to Library street, in the city of 
Philadelphia; giving jurisdiction to the court of com- 
mon pleas in Tioga county, in a certain divorce case; 
and relating to paving in front of the prison in the 
eounty of Philadelphia,’’ approved April 26, 1850, P. 


161 


L. 577, except in so far as they relate to recognizances 
in partition, and section 25 of said act, absolutely. 

Section 8 of an act entitled ‘‘An act relative to the 
Columbia Lyceum and Mechanics’ Institute; to the 
act relating to inspections; to the claims of David 
King, of Venango county; and of the heirs of John 
Bennet, of Lycoming county, deceased; to authorize 
James T. Crabb to sell certain gun-powder in the 
county of Philadelphia; relative to the estate of Fran- 
cis Harley, senior, deceased; and a supplement to an 
act relating to registers and registers’ courts, passed 
March fifteenth, one thousand eight hundred and thir- 
ty-two,’’ approved May 15, 1850, P. L. 764, absolutely. 

Section 6 of an act entitled ‘‘ An Act supplementary 
to an act passed the twenty-ninth day of March, one 
thousand eight hundred and thirty-two, entitled ‘An 
act relating to orphans’ courts,’ and relating to con- 
tracts of decedents and escheats in certain cases, and 
relative to the district court of the city and county 
of Philadelphia, and to registers of wills,’’ approved 
April 38, 1851, P. I. 305, absolutely. 

Section 5 of an act entitled ‘‘ An Act relating to the 
commencement of actions to judgments and decrees 
for the payment of money to the widows and children 
of decedents, to partitions in the common pleas, rela- 
tive to penalties on telegraph operators, to pleadings 
in certain actions of debt, to actions of ejectments, to 
the protection of fences, to partnerships, to limita- 
tions of writs of entry in manors, lands, and tene- 
ments, to the exemption laws, to reports of the Su- 
preme Court, to appeals relating to wards, boroughs, 
and township officers, to the acknowledgments of deeds 
and sequestration of life estates,’’ approved April 14, 
1851, P. L. 612, absolutely. 

Section 18 of an act entitled ‘‘An Act to incorporate 
a company to erect a bridge over the river Schuylkill 
at Spring Mill, in Montgomery county, relative to the 
nineteenth section of ’An Act regulating certain elec- 
tion districts, et cetera,’ approved March twenty-ninth, 


2 
162 


eighteen hundred and fifty-one, to school directors in 
Philadelphia county, to actions for damages sustained 
by injuries done to the person by negligence or de- 
fault, relative to the accounts of John Humes, de- 
ceased, to authorize the trustees of the Seventh Pres- 
byterian Church of Philadelphia to convey certain real 
estate, to security for moneys loaned by wives to hus- 
bands, to unpaid school taxes in Bradford county, and 
relative to service of process on agents of joint stock 
companies,’’ approved April 15, 1851, P. L. 669, ab- 
solutely. 


An act entitled ‘‘A supplement to an act relating 
to executors and administrators, passed February 
twenty- fourth, one thousand eight hundred and thirty- 
four,’’ approved February 2, 1853, P. L. 31, abso- 
lutely. 


An act entitled ‘‘An Act to give power to the or- 
phans’ court to grant relief in certain cases,’’ ap- 
proved February 23, 1853, P. L. 98, absolutely. 

Section 1 of an act entitled ‘‘An Act relative to 
bringing suits by creditors and others against execu- 
tors, administrators, assignees and other trustees in 
certain cases, and serving notices and for satisfaction 
of mortgages, and opening judgments in certain 
cases,’’ approved March 27, 1854, P. L. 214, in so far 
as it relates to fiduciaries subject to the jurisdiction 
of the orphans’ court. 


Section 2 of an act entitled ‘‘A supplement to an 
act, entitled ‘An Act relating to the sale and convey- 
ance of real estate,’ ’’ approved April 18, 1854, P. L. 
368, in so far as it relates to fiduciaries subject to the 
jurisdiction of the orphans’ court. 

An act entitled ‘‘A supplement to the act relating 
to executors and admuinistrators,’’ approved May 5, 
1854, P. L. 570, absolutely. 

Sections 2 to 5 inclusive of an act entitled ‘* A sup- 
plement to an act relating to assignees for the benefit 
of creditors and other trustees,’’? approved May 3, 


163 


1855, P. L. 415, in so far as they relate to testamen- 
tary trustees. 


Section 4 of an act entitled ‘‘An Act relating to the 
rights of property of husband and wife,’’ approved 
Apri 11, 1856, P. L. 315, absolutely. 


An act entitled ‘‘An Act respecting the’estates of 
non-resident wards,’’ approved April 21, 1856, P. L. 
495, absolutely. 

Section 8 of an act entitled ‘‘ An Act for the greater 
certainty of title and more secure enjoyments of real 
estate,’’ approved April 22, 1856, P. L. 532, absolutely. 


An act entitled ‘‘An Act relating to testamentary 
trustees,’’ approved March 13, 1859, P. L. 611, abso- 
lutely. 


Section 1 of an act entitled ‘‘An Act relative to 
orphans’ courts,’’ approved March 22, 1859, P. L. 207, 
absolutely. 


An act entitled ‘‘A supplement to the act, entitled 
‘An Act relating to executors and administrators,’ ap- 
proved the twenty-fourth day of February, Anno 
Domini, one thousand eight hundred and thirty-four,’’ 
approved April 6, 1859, P. L. 384, absolutely. 

An act entitled ‘‘An Act to extend the jurisdiction 
of the orphans’ courts in case of testamentary trusts,”’ 
approved April 7, 1859, P. L. 406, absolutely. 

An act entitled ‘‘An Act relative to the exemption 
of three hundred dollars, and to the widows and chil- 
dren of decedents,’’ approved April 8, 1859, P. L. 425, 
in so far as it relates to the exemption allowed to the 
widow or children of any decedent. 

An act entitled ‘‘An Act relating to executors, ad- 
ministrators and guardians,’’ approved April 13, 1859, 
P. LL. 604, absolutely. 

An act entitled ‘‘An Act relative to the len of lega- 
cies,’’ approved May 1, 1861, P. L. 420, absolutely. 

An act entitled ‘‘An Act authorizing surviving ex- 
ecutors and administrators to execute and deliver 
deeds of conveyance in certain cases,’’ approved May 


164 


1, 1861, P. L. 481, in so far as it relates to fiduciaries 
subject to the jurisdiction of the orphans’ court. 

An act entitled ‘‘An Act relating to executors and 
other trustees,’’ approved May 1, 1861, P. L. 680, in 
so far as it relates to fiduciaries subject to the juris- 
diction of, the orphans’ court. 

An act entitled ‘‘An Act regulating certain charges 
of executors and trustees,’’? approved March 17, 1864, 
P. I. 53, absolutely. 

An act entitled ‘‘An Act extending the provisions 
of the second section of the act of April tenth, one 
thousand eight hundred and forty-nine, entitled ‘An 
Act relative to sheriffs’ sales, and the appointment 
of trustees, in the county of Philadelphia, et cetera,’ 
to the several counties of this Commonwealth,’’ ap- 
proved April 23, 1864, P. L. 550, absolutely. 

An act entitled ‘‘ An Act relating to the appointment 
of guardians,’’ approved August 25, 1864, P. L. 1029, 
absolutely. 

An act entitled ‘‘ An Act providing additional reme- 
dies against trustees of a trust created for life, or 
during marriage, and providing a remedy for the pro- 
tection of their sureties,’’ approved March 27, 1865, 
P. L. 44, in so far as it relates to testamentary trus- 
tees. 

An act entitled ‘‘An Act suuplementary to the act 
to set apart, for the use of the widow, or children, of 
a decedent, three hundred dollars of the estate of said 
decedent, approved April fourteenth, one thousand 
eight hundred and fifty-one,’’ approved November 27, 
1865, P. L. (1866) 1227, absolutely. 

An act entitled ‘‘Supplement to an act, entitled ‘An 
Act providing additional remedies against trustees of 
a trust, created for life, or during marriage, and pro- 
viding a remedy for the protection of their sureties,’ 
approved March twenty-seventh, one thousand eight 
hundred and sixty-five,’’ approved April 17, 1866, 
P. I. 111, in so far as it relates to trustees subject to 
the jurisdiction of the orphans’ court. 


169 


An Act entitled ‘‘An Act enlarging the powers of 
the orphans’ court, so as to discharge liens on real 
estate,’’ approved May 17, 1866, P. L. 1096, absolutely. 

An act entitled ‘‘A supplement to the act of the fif- 
teenth of March, Anno Domini one thousand eight 
hundred and thirty-two, entitled ‘An Act relating to 
registers and registers’ courts,’’’ approved April 15, 
1867, P. L. 86, absolutely. 

An act entitled ‘‘An Act to authorize the court of 
common pleas and orphans’ court of the city of Phil- 
adelphia to appoint and remove trustees,’’ approved 
April, 9, 1868, P. L. 785, m so far as it relates to 
trustees subject to the jurisdiction of the orphans’ 
court. 

An act entitled *‘An Act relating to orphans’ courts, 
conferring upon said courts power to define bound- 
aries in certain cases of devises and conveyances for 
life or terms of years,’’ approved April 14, 1868, P. 
L. 97, absolutely. 

Section 1 of an act entitled ‘‘ An Act relating to the 
appointment of auditors in the courts of the county 
of Montgomery,’’ approved February 18, 1869, P. LL. 
183, absolutely. 

An act entitled ‘‘An Act relative to actions of tres- 
pass and for mesne profits,’’ approved April 12, 1869, 
P. L. 27, absolutely. 


An act entitled ‘‘An Act for the ritétedtion of con- 
tingent interests,’’ approved April 17, 1869, P. L. 70, 
absolutely. 

An act entitled ‘‘An Act relating to the appraise- 
ment or real estate devised by any last will and testa- 
ment within this Commonwealth,’’ approved April 17, 
1869, P. L. 72, absolutely. 

An act entitled ‘‘A supplement to an act relating to 
assignees for the benefit of creditors and other trus- 
tees, approved June fourteenth, one thousand eight - 
hundred and thirty-six,’’ approved May 17, 1871, P. L. 
269, in so far as it relates to fiduciaries appointed by 


166 


the orphans’ court or by virtue of any last will or tes- 
tament. | | 

An act entitled ‘‘A further supplement to an act en- 
titled, ‘An act relating to executors and administrators, 
approved twenty-fourth February, one thousand eight 
hundred and thirty-four,’’ approved May 17, 1871, P. 
L. 269, absolutely. 

An act entitled ‘‘A further supplement to an act, » 
entitled ‘A further supplement to an act relating to 
orphans’ courts,’ passed the twenty-ninth day of 
March, one thousand eight hundred and thirty-two, and 
the supplement, passed fourteenth of April, one thou- 
sand eight hundred and thirty-five, and the further 
supplement, passed fourteenth of April, one thousand 
eight hundred and forty,’’ approved May 25, P. L. 
_ 279, absolutely. 

An act entitled ‘‘An act providing for the entry of 
certain proceedings on the judgment indexes of the 
several courts of this Commonwealth,’’ approved June 
15, 1871, P. L. 387, in so far as it relates to proceedings 
to revive and continue the lien of debts against a de- 
cedent’s real estate. 

An act entitled ‘‘An Act relating to foreign execu- 
tors, administrators, guardians and representatives of 
decedents and wards,’’ approved April 8, 1872, P. L. 
44, absolutely. 

An act entitled ‘‘ An Act to provide for the recording 
of deaths of testators and intestates in the office of 
register of wills,’’ approved May 15, 1874, P. L. 194, 
absolutely. 

An act entitled ‘‘An Act relative to the transfer of 
the loans of this Commonwealth, and of the city of 
Philadelphia, and to amend the provision of the twen- 
ty-second section of an act, entitled ‘An Act to author- 
ize the Governor to incorporate the Delaware Canal 
Company, and for other purposes,’ approved the thir- 
teenth day of April, eighteen hundred and forty-three, 
and extending the same to the holders of any loans of 
this Commonwealth, or of the city of Philadelphia, 


167 


domiciled or resident out of this Commonwealth, who 
shall have heretofore died or hereafter die,’’ approved 
May 15, 1874, P. L. 195, absolutely. 

The proviso to Section 6 of ‘‘An Act relating to the 
organization and jurisdiction of orphans’ courts, and 
to establish a separate orphans’ court in and for coun- 
ties having more than one hundred and fifty thousand 
inhabitants, and to provide for the election of judges 
thereof,’’ approved May 19, 1874, P. L. 206, absolutely. 

An act entitled ‘‘An Act to validate sales and con- 
veyances, under the decrees of courts of this Common- 
wealth, by persons irregularly or improperly appointed 
or defectively qualified,’’ approved April 28, 1876, P. 
L. 50, in so far as it relates to proceedings in the or- 
phans’ court. 

An act entitled ‘‘A further supplement to an act, 
entitled ‘An Act relating to orphans’ court,’ approved 
the twenty-ninth day of March, Anno Domini one 
thousand eight hundred and thirty-two, designed to 
extend the fourteenth section of said act, so as to au- 
thorize investments by executors, trustees and other 
persons holding property im a fiduciary capacity in 
bonds or certificates of debt created by any of the coun- 
ties, cities or municipal corporations of this Common- 
wealth,’’ approved May 8, 1876, P. L. 133, absolutely. 

An act entitled ‘‘ An Act relating to the execution of 
trusts by corporations,’’ approved February 16, 1877, 
P. L. 3, in so far as it relates to fiduciaries subject to 
the jurisdiction of the orphans’ court. 

Sections 1 and 2 of an act entitled ‘‘An Act to pro- 
vide for and to validate the execution and delivery of 
deeds and conveyances of real estate, in cases in which 
administrators, executors, guardians and trustees, may 
die or have died, between the time of sale and the time 
appointed for the payment of purchase money and 
delivery of the conveyance, and also in cases in which 
the administrator, executor, guardian or trustee may 
have received authority from the proper court to pur- 
chase real estate sold by him, either under the pro- 


168 


visions of any last will and testament, or by the au- 
thority or under the direction of any court having jur- 
isdiction to make a decree, directing such real estate to 
be sold,’’ approved May 22, 1878, P. L. 83, in so far as 
they relate to the orphans’ court. 

Sections 1, 2 and 3 of an act entitled ‘‘An Act to 
provide for the appointment of trustees durante ab- 
seniia, and defining the powers and duties of the 
same,’’ approved April 11, 1879, P. L. 21, absolutely. 


An act entitled ‘‘An Act to regulate the compensa- 
tion of auditors and commissioners,’’ approved June 4, 
1879, P. L. 84, in so far as it relates to auditors and 
commissioners appointed by the orphans’ court. 


An act entitled ‘‘ A supplement to extend the provi- 
sions of an act, entitled ‘An Act providing additional 
remedies against trustees of a trust created for life, or 
during marriage, and providing a remedy for the pro- 
tection of their sureties,’ approved the twenty-seventh 
day of March, Anno Domini, one thousand eight hun- 
dred and sixty-five, to the orphans’ courts of the re- 
spective counties of this Commonwealth,’’ approved 
May 10, 1881, P. L. 14, in so far as it relates to trustees 
subject to the jurisdiction of the orphans’ court. 

An act entitled ‘‘A supplement to an act, approved 
April thirteen, one thousand eight hundred and fifty- 
nine, entitled ‘An Act relating to executors, adminis- 
trators and guardians,’ ’’ approved June 10, 1881, P. L. 
106, absolutely. 

An act entitled ‘‘ An Act to confer power on the sev- 
eral orphans’ courts having jurisdiction of the accounts 
of executors and administrators to order and direct a 
sale for the payment of the debts of such decedent of 
any lands lying partly in two or more counties,’’ ap- 
proved June 4, 1883, P. L. 65, absolutely. 

An act entitled ‘‘An Act providing the manner in 
which widows’ and children’s exemption in decedents’ 
estates shall and may be set aside to them in certain 
cases,’’ approved June 4, 1883, P. L. 74, absolutely. 


169 


An act entitled ‘‘ An Act to permit foreign executors 
or administrators to issue scire facias to preserve and 
continue the lien or liens of judgments in favor of de- 
cedents within this Commonwealth, and before letters 
of administration have been taken out within this 
state,’’ approved June 27, 1883, P. L. 163, absolutely. 

An act entitled ‘‘ An Act relating to the grant of let- 
ters of administration upon the estates of persons, pre- 
sumed to be dead, by reason of long absence from their 
former domicile,’’ approved June 24, 1885, P. L. 155, 
absolutely. 

An act entitled ‘‘An Act limiting the time within 
which action may be brought upon refunding bonds 
given upon the distribution or partition of estates of 
decedents,’’ approved June 30, 1885, P. L. 203, abso- 
lutely. 


An act entitled ‘‘An Act authorizing executors or 
trustees to unite with others in the organization of 
corporations,’’ approved April 22, 1889, P. L. 42, abso- 
lutely. 


An act entitled ‘‘ An Act to authorize courts, having 
cognizance of trusts created by deed or will, to direct 
trust funds to he placed in the custody of trustees ap- 
pointed by the courts of another state or territory of 
the United States, in cases where the person or persons 
beneficially interested in such trust have removed to 
such other state or territory of the United States,”’ 
approved May 8, 1889, P. L. 123, in so far as it relates 
to trusts created by will. 

An act entitled ‘‘An Act relating to orphans’ court 
sales,’’ approved May 9, 1889, P. L. 182, absolutely. 


An act entitled ‘‘An Act amending an act, entitled 
‘An Act respecting the estate of non-resident wards,’ 
approved the twenty-first day of April, Anno Domini 
one thousand eight hundred and fifty-six, extending the 
provisions thereof so that the same may apply to trus- 
tees and cestws que trusts,’’ approved May 18, 1889, 
P. L. 190, absolutely. 


170 


Section 2 of an act entitled ‘‘An Act relating to judi- 
cial sales and the preservation of the lien of mort- 
gages,’’ approved May 19, 1893, P. L. 110, absolutely. 


An act entitled ‘‘An Act to enable the surety of any 
trustee, committee, guardian, assiignee, receiver, ad- 
ministrator, executor, or other trustee, or any person 
interested in the trust, to require the filing of state- 
ments exhibiting the manner of the investment of the 
trust funds, and providing for the removal of such 
trustee, committee, guardian, assignee, receiver, ad- 
ministrator, executor, or other trustee, by the court,’’ 
approved June 3, 1893, P. L. 273, in so far as it relates 
to fiduciaries subject to the jurisdiction of the or- 
phans’ court. 


An act entitled ‘‘ An Act regulating the satisfaction, 
extinguishment or discharge of dowers, legacies or 
other charges upon land, by judiciai decree where the 
legal presumption of payment of the same exists from 
lapse of time, or where payment of the same has been 
made in full and no satisfaction, extinguishment, re- 
lease thereof appears of record,’’ approved June 8, 
1892, P. L. 356, absolutely. 


An act entitled ‘‘ An Act to limit the duration of the 
lien of the debts of decedent other than those of record 
on their real estate,’’ approved June 8, 1893, P. L. 392, 
absolutely. 


An act entitled ‘‘An Act providing for the release 
and discharge of encumbrances or charges on land in 
all cases in which the period of twenty-one years has 
elapsed after the principal of the encumbrance or 
charge has become due and payable, and no payment 
has been made within such period of twenty-one years 
on account of such encumbrance or charge by the owner 
or owners of the land sought to be released and dis- 
charged and no sufficient release is of record in the 
county, and regulating proceedings of such release and 
discharge,’’ approved May 8, 1895, P. L. 44, in so far 
as it relates to the orphans’ court. 


171 


An act entitled ‘‘ A supplement to an act entitled ‘An 
Act relating to executors and administrators,’ ap- 
proved February twenty-fourth, one thousand eight 
hundred and thirty-four, relating to the lien of judg- 
ments against decedents,’’ approved June 18, 1895, 
P. L. 197, absolutely. 


Section 1 of an act entitled ‘‘An Act providing that 
the right of action for injury wrongfully done to the 
person shall survive against the ‘personal representa- 
tive of the wrong-doer, and limiting the time within 
which suit for such injury must be brought,’’ approved 
June 24, 1895, P. L. 236, absolutely. 

An act entitled ‘‘An Act to allow receivers, as- 
signees, guardians, committees, trustees, executors and 
administrators to include in the lawful expenses of 
executing their trusts such reasonable sum paid a 
company, authorized under the laws of this state so to 
do, for becoming their surety as may be by court al- 
lowed, not exceeding one percentum per annum on the 
amount of such bonds,’’ approved June 24, 1895, P. L. 
248, in so far as it relates to fiduciaries subject to the 
jurisdiction of the orphans’ court. 

An act entitled ‘‘An Act to authorize executors and 
trustees, non-residents of the Commonwealth, to con- 
vey real estate,’’ approved June 23, 1897, P. L. 200, 
absolutely. 

An act entitled ‘‘An Act authorizing the payment 
into the orphans’ court of the money due on dowers, 
legacies or other charge upon land where the person 
or persons to whom the dower, legacy or other charge 
upon land is due and payable cannot be found, and 
providing for the satisfaction, extinguishment or dis- 
charge thereof, and to ascertain the amount thereof,’’ 
approved July 14, 1897, P. L. 269, absolutely. 

An act entitled ‘‘ An Act enlarging the powers of the 
orphans’ court, and to provide a further remedy for 
the collection of dower interest due to widows,’’ ap- 
proved April 28, 1899, P. L. 120, absolutely. 


172 


An act entitled ‘‘An Act authorizing the orphans’ 
courts of the Commonwealth to decide specific per- 
formance of written contracts, and also parol contracts 
when so far executed that it would be inequitable to re- 
seind, for the sale of real estate, where the vendor has 
died without conveying, and in cases where the vendee 
has died without having paid the purchase money, and 
authorizing the recording of the decrees in such cases 
in the counties where the real estate lies,’’ approved 
April 28, 1899, P. L. 157, absolutely. 


An act entitled ‘‘ An Act to allow an executor, admin- 
istrator, guardian, assignee, or trustee to institute an 
action at law, or other legal or equitable proceedings, 
against a co-executor, administrator, guardian, as- 
signee or trustee, to recover or enforce any debt or 
obligation individually due the estate which he rep- 
resents,’’ approved May 11, 1901, P. L. 174, in so far 
as it relates to fiduciaries subject to the jurisdiction 
of the orphans’ court. 


An act entitled ‘‘An Act to confer on the several 
orphans’ courts having jurisdiction of the accounts of 
guardians, power to order and direct a mortgage or a 
public or private sale, for the payment of debts or for 
other purposes, of any lands lying partly in two or 
more counties, divided by county lines,’’ approved May 
21, 1901, P. L. 272, absolutely. 
from their distributive shares of said real estate the 


An act entitled ‘‘An Act to amend the first section 
of an act, entitled ‘An Act to limit the duration of the 
hen of the debts of decedents, other than those of rec- 
ord, on their real estate,’ approved the eighth day of 
June, Anno Domini one thousand eight hundred and 
ninety-three, and to extend the provisions of said act 
so as to limit the duration of the lien upon real estate 
of the decedents, other than those secured by mortgage 
or by judgment entered or revived by scire facias 
within five years prior to the death of such decedent,’’ 
approved June 14, 1901, P. L. 562, absolutely. 


173 


Section 1 of an act entitled ‘‘An Act authorizing the 
orphans’ court to adjudge real estate to persons, to 
whom the right to take the same at a certain valuation 
has been given in a will, and who are appointed execu- 
tors of the same will; providing for the payment of 
the purchase money, and confirming titles to real estate 
heretofore taken under similar proceedings,’’ approved 
March 5, 1903, P. L. 10, absolutely. 

An act entitled ‘‘ An Act providing for the voting of 
shares of stock in corporations in this Commonwealth, 
held by executors, administrators, guardians, and trus- 
tees, and the manner of voting the same,’’ approved 
’ March 16, 1905, P. 1. 42, in so-far as it relates to fidu- 
ciaries subject to the jurisdiction of the orphans’ court. 

An act entitled ‘‘ An Act to amend the first section of 
an act approved the eleventh day of April, Anno Do- 
mini one thousand eight hundred and seventy-nine, en- 
titled ‘An Act to provide for the appointment of trus- 
tees durante absentia, and defining the powers and © 
duties of the same,’ providing for the appointment of 
a trustee of the estate of any absentee, who has been a 
resident of this Commonwealth or of any other state, 
territory or foreign country, who has left either 
real or personal estate, or both, in this Common- 
wealth,’’ approved March 30, 1905, P. L. 77, absolutely. 

An act entitled ‘‘An Act to regulate the transfer of 
funds from executors and administrators, in this Com- 
monwealth, to foreign executors and administrators,”’ 
approved March 31, 1905, P. L. 91, absolutely. 

An act entitled ‘‘An Act to extend the statute of 
limitations to debts or demands arising or falling due 
to the estate of a decedent after the death of such de- 
cedent,’’ approved April 6, 1905, P. L. 114, absolutely. 

An act entitled ‘‘ A-supplement to an act entitled ‘ An 
Act relating to the granting of letters of administra- 
tion upon the estates of persons, presumed to be dead, 
by reason of long absence from their former domicile,’ 
approved June twenty-fourth, one thousand eight hun- 
dred and eighty-five; providing for the probate of a 


174 


will of a person whose death, by presumption has been 
established, and for attachment of such will to letters 
of administration granted in the ease,’’ approved April 
14, 1905, P. 1. 153, absolutely. 


An act entitled ‘‘An Act to amend an act approved 
the seventeenth day of May, one thousand eight hun- 
dred and sixty-six, entitled ‘An Act enlarging the pow- 
ers of the orphans’ court, so as to discharge liens on 
real estate,’ so as to include charges on real estate by 
the provisions of a last will and testament, or other- 
wise,’’ approved March 22, 1907, P. L. 29, absolutely. 

An act entitled ‘‘An Act authorizing employers to 
pay to the wife, children, brother or sister, father or 
mother, boarding-house keeper, undertaker, nurse, or 
physician wages due a deceased employe,’’ approved 
May 23, 1907, P. L. 201, absolutely. 


An act entitled ‘‘An Act to allow receivers, as- 
sionees, guardians, committees, trustees, executors, and 
administrators to include in the lawful expenses of 
executing their trust such reasonable sum paid a com- 
pany, authorized under the law of this state so to do, 
for guaranteeing the payment of the principal and in- 
terest of mortgages or other securities in which they 
are required to invest the funds of their estate, not 
exceeding one-half of one per centum per annum on the 
principal of such mortgage or other securities,’’ ap- 
proved May 28, 1907, P. L. 271, 1 nso far as it relates 
to fiduciaries subject to the jurisdiction of the orphans’ 
court. 

An act entitled ‘‘ An Act to provide for the discharge 
of sureties upon bonds of trustees, committees, guar- 
dians, assignees, receivers, executors, administrators, 
and other fiduciaries,’’ approved June 1, 1907, P. L. 
384, in so far as it relates to fiduciaries subject to the 
jurisdiction of the orphans’ court. 

An act entitled ‘‘An Act authorizing the parties in 
interest, or their counsel, to select auditors and mas- 
ters needed in judicial proceedings; except in divorce 


175 


cases,’’ approved April 1, 1909, P. L. 95, in so far as 
it relates to proceedings in the orphans’ court. 

An act entitled ‘*‘An Act to amend sections twenty- 
nine and thirty of an act, approved the twenty-ninth 
day of March, Anno Domini eighteen hundred and thir- 
ty-two, entitled ‘An Act relating to orphans’ courts,’ 
and validating execution and attachment execution 
process issued out of the courts of common pleas of this 
Comomnwealth, upon transeripts from any orphans’ 
court of this Commonwealth, for balances due from, or 
in the hands of, an executor, administrator, guardian, 
or other accountant, on the settlement of their respec- 
tive accounts in the orphans’ court,’’ approved April 
27, 1909, P. 1. 202, except in so far as it relates to pro- 
ceedings begun prior to its date. 

An act entitled ‘‘An Act to limit the duration upon 
real estate of the debts of decedents, including the ex- 
penses of the settlement of the estate, and to provide 
under what conditions the lien may be continued,’’ ap- 
proved May 3, 1909, P. L. 386, absolutely. 

An act entitled ‘‘An Act to provide for the filing, 
auditing, and confirmation, in certain cases, of accounts 
of trustees and of committees of lunatics and of habit- 
ual drunkards,’’ approved May 3, 1909, P. L. 391, in so 
far as it relates to trustees subject to the jurisdiction 
of the orphans’ court. 

An act entitled ‘‘ An Act providing that the widow or 
children of any decedent dying outside of this Com- 
monwealth, but whose estate is settled in this Common- 
wealth, may retain either real or personal property be- 
longing to said estate to the value of three hundred dol- 
lars,’’ approved May 6, 1909, P. L. 459, absolutely. 

Sections 1, 2 and 3 of an act entitled ‘‘ An Act relat- 
ing to private sales of real estate, ordered, decreed, or 
approved by the orphans’ courts; and providing a 
method of giving notice of such sales, and validating 
such private sales of real estate, heretofore made under 
the authority of the orphans’ court, for the payment 
of debts,’’ approved June 9, 1911, P. L. 724, absolutely. 


176 


An act entitled ‘‘An Act to amend section ten of an 
act, approved the twenty-ninth day of March, Anno 
Domini one thousand eight hundred and thirty-two, en- 
titled ‘An Act relating to orphans’ courts,’ so as to 
permit the accounts of the guardians of minors’ prop- 
erty therein mentioned and described to be examined | 
and audited, and the matters therem contained con- 
firmed by decree of orphans’ court, with the same force 
and effect as the partial accounts of executors, admin- 
istrators, and temporary trustees are audited, exam- 
ined, allowed, and confirmed,’’ approved June 9, 1911, 
P. L. 744, absolutely. 


An act entitled ‘‘ An Act to confer power on the sev- 
eral orphans’ courts having jurisdiction thereof, when 
the balance for distribution in an estate, after the debts 
are paid, includes stocks, bonds, and other securities, 
to make distribution of the same in kind to parties en- 
titled thereto, to authorize subsequent sales thereof, 
and to validate such distributions heretofore made,’’ 
approved June 10, 1911, P. L. 870, absolutely. 


An act entitled ‘‘ An Act to provide that persons buy- 
ing real estate in this Commonwealth, from executors 
or trustees named in the last will and testament of 
any person dying testate, and who hold the same in 
trust under the provisions thereof, and who make sale 
of same under the power of sale in said last will and 
testament contained, shall take title to said real estate 
free and discharged of any obligation to see to the 
application of the purchase money,’’ approved June 
10, 1911, P. L. 874, absolutely. 


An act entitled ‘‘ An Act to amend an act, approved 
the eighth day of April, Anno Domini one thousand 
eight hundred and seventy-two, entitled ‘An Act relat- 
ing to foreign executors, administrators, guardians, 
and representatives of decedents and wards,’ by ex- 
tending the provisions thereof to the assignment and 
satisfaction of record of mortgage debts and inden- 
tures of mortgage and to the receipt of the interest 


EGE 


thereon,’’ approved June 13, 1911, P. L. 890, abso- 
lutelv. 

An act entitled ‘‘An Act to amend an act approved 
the twenty-fourth day of February, one thousand eight 
hundred thirty-four, entitled ‘An Act relating to exe- 
cutors and administrators,’ ’’? approved May 23, 1913, 
P. 1. 344, absolutely. 

An act entitled ‘‘An Act relating to the real estate 
of persons presumed to be dead, and providing a 
method of freeing such estate from all claim or interest 
of such persons,’’ approved May 28, 1913, P. L. 369, 
absolutely. 

An act entitled ‘‘A supplement to an act, entitled 
‘An Act relating to the grant of letters of administra- 
tion upon the estates of persons, presumed to be dead, 
by reason of long absence from their former domicile,’ 
approved June twenty-fourth, one thousand eight hun- 
dred and eighty-five; providing for the grant of aneil- 
lary letters of administration in this Commonwealth, 
upon the estates of persons presumed to be dead, by 
reason of long absence from their former domicile, in 
any other state, territory, or foreign country, who 
have left personal estate within this Commonwealth,’’ 
approved May 28, 1913, P. L. 3738, absolutely. 

An act entitled ‘‘An Act to amend an act approved 
the ninth day of June, one thousand nine hundred and 
eleven, entitled ‘An Act relating to private sales of 
real estate, ordered, decreed, or approved by the or- 
phans’ courts; and providing a method of giving no- 
tice of such sales, and validating such private sales of 
real estate, heretofore made under the authority of the 
orphans’ courts, for the payment of debts,’ ’’ approved 
June 12, 1913, P. L. 470, absolutely. 

An act entitled ‘‘An Act to amend an act, approved 
the fourteenth day of April, one thousand eight hun- 
dred fifty-one, entitled ‘An Act relating to the com- 
mencement of actions, to judgments and decrees for 
the payment of money to -the widows and children of 
decedents, to partitions in the common pleas, relative 


178 


to penalties on telegraph operators, to pleadings in cer- 
tain actions of debt, to actions of ejectments, to the 
protection of fences, to partnerships, to limitations of 
writs of entry in manors, lands and tenements, to the 
exemption laws, to reports of the supreme court, to 
appeals relating to wards, boroughs and township of- 
fiers, to the acknowledgments of deeds and sequestra- 
tion of life estates,’ by relating the appointment and 
number of appraisers,’’ approved July 21, 1913, P. I. 
877, absolutely. 

Section 1 of an act entitled ‘‘ An Act authorizing the 
several orphans’ courts to empower guardians and 
trustees of estates of minors to elect, in writing, to 
take land in fee, which has been ordered to be sold by 
the provisions of any duly probated will, in leu of 
legacies bequeathed or distributable to said minors 
from the proceeds of such sale, and validating certain 
elections to take land in lieu of legacies heretofore 
made pursuant to an order of court,’’ approved July 
22, 1913, P. L. 908, absolutely. 

An act entitled ‘‘An Act authorizing the orphans’ 
court to reduce, under certain circumstances, the bond 
of any fiduciary; imposing duties on registers of wills 
in connection therewith,’’ approved May 3, 1915, P. L. 
218, absolutely. 

An act entitled ‘‘ An Act relative to estates of deced- 
ents,’’? approved May 6, 1915, P. L. 265, absolutely. 

An act entitled ‘‘An Act to amend an act approved 
the twenty-fourth day of February, one thousand eight 
hundred thirty-four, entitled ‘An Act relating to exe- 
cutors and administrators,’ as amended,’’ approved 
May 6, 1915, P. L. 267, absolutely. 

An act entitled ‘*An Act to amend an act, entitled 
‘An Act to limit the duration upon real estate of the 
debts of decedents, including the expenses of the settle- 
ment of the estate, and to°provide under what condi- 
tions the lien may be continued,’ approved the third 
day of May, one thousand nine hundred and nine, so 
as to restrict the revival of judgment liens by the death 


bie 


of the debtor to real estate still owned by said deced- 
ent at the date of his death,’’ approved May 14, 1915, 
P. L. 475, absolutely. 

An act entitled ‘‘A supplement to an act approved 
the fourteenth day of April, one thousand eight hun- 
dred and fifty-one, entitled ‘An Act relating to the 
commencement of actions to judgments and decrees 
for the payment of money to the widows and children 
of decedents, to partitions in the common pleas, rela- 
tive to penalties on telegraph operators, to pleadings 
in certions actions of debt, to actions of ejectments, to 
the protection of fences, to partnerships, to limitations 
of writs of entry in manors, lands, and tenements, to 
the exemption laws, to reports of the Supreme Court, 
to appeals, relating to wards, boroughs, and township 
officers, to the acknowledgments of deeds and seques- 
tration of life estates,’ providing a method of allowing 
a widow’s exemption, where the property consists of 
real estate not readily divided,’’ approved June 1, 
1915, P. L. 682, absolutely. 

An act entitled ‘* An Act to amend section three of an 
act, approved the fourteenth day of April, Anno Do- 
mini one thousand nine hundred and five, entitled ‘A 
supplement to an act, entitled ‘‘ An act relating to the 
granting of letters of administration upon the estates 
of persons, presumed to be dead, by reason of long 
absence from their former domicile,’’ approved June 
twenty-fourth, one thousand eight hundred and eighty- 
five; providing for the probate of a will of a person 
whose death by presumption has been established, and 
for attachment of such will to letters of administration 
granted in the case,’ by providing for the issuance of 
letters testamentary to the executor named in such 
will, in the same manner and form as if such supposed 
decedent were actually dead,’’ approved June 1, 1915, 
P. L. 689, absolutely. 

An act entitled ‘‘ An Act to amend section five of an 
act, entitled ‘An Act relating to the grant of letters of 
administration upon the estates of persons presumed 


180 


to be dead, by reason of long absence from their former 
domicile;’ approved the twenty-fourth day of June, 
Anno Domini one thousand eight hundred and eighty- 
five, by authorizing the several orphans’ courts of this 
Commonwealth to accept refunding bonds from the 
distributees without sureties, in certain cases,’’ ap- 
proved June 11, 1915, P. L. 945, absolutely. 

All other acts of Assembly, or parts thereof, that are 
in any way in conflict or inconsistent with this act, or 
any part thereof, are hereby repealed. 


181 


PARTITION ACT. 
An Act. 


Relating to the jurisdiction, powers and procedure of 
the several orphans’ courts in proceedings for the 
partition and valuation of real estate, and for the 
sale of real estate for the purpose of distribution, 
and the fees, costs and expenses therein. 


Srction 1 (a) Beit enacted by the Senate and House 
of Representatives of the Commonwealth of Pennsyl- 
vania in General Assembly met, and it is hereby en- 
acted by the authority of the same, that the orphans’ 
court of each county of this Commonwealth shall have 
jurisdiction, but not exclusive jurisdiction, in the parti- 
tion and valuation of real estate, within the county, of 
any decedent, testate or intestate, whether such deced- 
ent was at the time of his death seised or possessed 
of such real estate solely or as tenant in common or 
joint owner with any other person or persons, and 
whether or not the surviving spouse of such decedent 
shall elect to take against his or her will, and not- 
withstanding there may be a limitation of an estate or 
interest in the premises or some part thereof, to a per- 
son or persons not in existence; and several undivided 
interests in any premises, derived from different an- 
cestors by descent or devise, may be parted or valued 
in one proceeding in said court: Provided, That such 
eourt shall not have such jurisdiction during the con- 
tinuance of any life estate in the whole of such real 
estate. 

(b) Partition may be made under this act of lands 
and coal-rights therein, and of lands and timber-rights 
thereon, of any decedent, whether the rights of all the 


182 


parties be co-extensive with the whole or not; and 
whether the rights of some of them extend only to the 
lands and part of the coal therein, or only to the land 
and part of the timber thereon, or only to an undivided 
interest in the land, or in the coal therein or in the 
timber thereon; and any person having an interest as 
herein set forth may compel partition of the entire 
tract of land and coal, or land and timber, provided 
said coal or said timber has not been entirely severed 
so as to constitute a separate estate. 

Section 2. The jurisdiction of the orphans’ court 
under this act shall be exercised on the partition of the 
surviving spouse of the decedent, of any heir of the de- 
cedent in a case of intestacy, or of any devisee having 
an interest in the real estate in question in a case of 
testacy, whether the interest of such person be vested 
in possession or in remainder, or of any person having 
a life interest in an undivided share of such real estate, 
or of any alienee or devisee of any party in interest. 
If the party be a weak-minded person for whom a guar- 
dian has been appointed, or a minor, lunatic or habitual 
drunkard, the petition shall be filed by the guardian or 
committee of such party. 

Section 3. On such petition, supported by oath or 
affirmation, the court may award a citation, returnable 
at a day certain, not less than ten days after the issu- 
ing thereof, directed to all the parties in interest other 
than the petitioner or petitioners, to show cause why 
an inquest in partition should not be awarded. Such 
citation shall be served in the manner provided by law 
for the service of other citations in the orphans’ court. 

Section 4. All parties in interest, including those en- 
titled in remainder, shall be named in the petition, cita- 
tion, decree and notices, when known; but if it shall 
appear, on oath or affirmation, that the names or resi- 
dences of any of the parties are unknown to the peti- 
tioner for the partition, the orphans’ court shall have 
the power to direct such notices as shall appear to the 
court to be reasonable and proper to be given to such 


183 


parties by publication, describing the parties, as far as 
practicable; and the proceedings shall be as effectual, 
to all intents and purposes, as if all the parties had 
been named in the proceedings. 

Section 5. Where any of the parties in interest re- 
side outside the Commonwealth of Pennsylvania and 
their places of residence are known, the court may, in 
its discretion, authorize any citations or notices pro- 
vided for by this act, to be served upon them person- 
ally or by registered mail, or direct publication thereof. 

Section 6. If, on the return of such citation, no an- 
swer or an insufficient answer be filed, or if, after hear- 
ing on petition, answer, replication and proofs, it shall 
appear proper, the court may appoint, on the agree- 
ment and nomination of the parties, three or more 
commissioners to divide or value the real estate de- 
scribed in the petition, with the same effect as a sher- 
iff’s inquest for the same purpose, or, if the parties 
can not so agree, may award an inquest to make par- 
tition among the parties in accordance with their re- 
spective interests, the inquest to consist of three men. 

Section 7. The compensation of such commissioners, 
and of the jurors when an inquest is awarded, shall be 
fixed by the court, but shall not exceed five dollars a 
day each, for each day engaged in making such parti- 
tion and valuation, unless the parties interested shall 
agree in writing to a larger compensation. Such com- 
missioners and jurors shall also receive in addition to 
their daily pay three cents per mile circular for each 
mile necessarily traveled by them, counting from the 
place at which said commissioners or jurors first met. 

Section 8. The commissioners or inquest shall, if the 
same can be done without prejudice to or spoiling the 
whole, make partition of the real estate in purparts 
among the parties entitled in accordance with their 
respective interests, whether such interests be equal or 
otherwise, and shall make return thereof to the court. 

Section 9 (a) When any such estate cannot be di- 
vided among the parties entitled thereto: without prej- 


184 


udice to or spoiling the whole, the said commissioners, 
or the said inquest, as the case may be, shall make and 
return a just appraisement thereof to the court. 

(6) When equal partition in value, or partition in 
accordance with the respective interests of the parties, 
cannot be made by the said commissioners or the said 
inquest, they shall make a just appraisement of the 
respective purparts or shares into which they may di- 
vide the estate; and the court shall award that one or 
more of the purparts or shares shall be subject to the 
pavment of such sum or sums of money as shall be 
necessary to equalize the value of the said purparts, 
according to the said appraisement thereof; which sum 
or sums of money shall be paid or secured to be paid, 
by the several persons accepting such purparts, in the 
manner prescribed in section seventeen hereof. 

(c) When such estate cannot conveniently be divided 
into shares equal in number to the number of parties 
entitled, the said commissioners or the said inquest 
shall make a just appraisement of the respective pur- 
parts or shares into which they may divide the estate; 
and the parties to whom such shares shall be awarded, 
or some one in their behalf, shall pay or secure to be 
paid to the other parties interested, their respective 
parts of the value thereof, in the manner prescribed 
in section seventeen hereof. 

Section 10. Where the decedent shall die seised or 
possessed, as tenant in common or joint owner, of any 
undivided interest in fee simple in any lands or tene- 
ments, the commissioners or inquest shall value and re- 
turn such interest, undivided, in all cases; and if such 
decedent had other real estate, such interest shall be 
valued and returned, either by itself, or in connection 
with some other portion of such decedent’s real estate, 
as one of the purparts or shares into which they shall 
divide the whole real estate; and upon the return there- 
of, the proceedings shall be as in other cases. 

Section 11. In all cases of appraisement or partition 
mentioned in sections eight and nine of this act, the 


185 


orphans’ court shall, on application, grant a rule on 
all persons interested, including those interested in re- 
mainder, to come into court, at a certain day to be 
fixed by the court, to accept or refuse the estate, or a 
share or portion thereof, as the case may be. A copy 
of such rule shall be served upon each party person- 
ally, ten days before the return thereof, in case such 
party resides within the county, or if any party shall 
reside outside the county the court may, in its discre- 
tion, authorize service of such rule upon him per- 
sonally or direct such publication thereof as shall ap- 
pear to the court to be reasonable and proper. 


Section 12. Jn all cases of partition of real estate 
now pending or hereafter to be instituted, in any or- 
phans’ court, wherein a valuation shall have been made 
or shall be made of the whole or parts thereof, the 
same shall be allotted to such one or more of the parties 
in interest, whether entitled in possession or in re- 
mainder or to an undivided interest for life, and in- 
cluding the surviving spouse of the decedent, who shall, 
at the return of the rule to accept or refuse to take at 
the valuation, offer in writing the highest price there- 
for above the valuation returned; but if no higher offer 
be made for such real estate or any part thereof, it 
shall be allotted or ordered to be sold as herein pro- 
vided. 


SEecTIoN 13 (a) When no bid above the appraisement 
of such real estate or any part thereof shall be made 
as provided in section twelve of this act, the court may 
order such real estate or part thereof to and among 
the parties in interest, including those entitled in re- 
mainder, as follows :— 


First—To the surviving spouse of the decedent if 
entitled, under the intestate law or under the will of the 
decedent, to a share of such real estate or part thereof 
in fee. 


Second.—To the other parties in interest, in the or- 
der of their seniority in age. 


186 


(6) Incase the party entitled to a choice do not come 
into court, in person or by guardian or committee, or 
attorney duly constituted, or in case he shall refuse the 
same, a record shall be made thereof, and the court 
may and shall direct the same to be offered to the next 
In succession, according to the rules provided in clause 
(a) of this section. 

(c) In any case where a party has elected to take the 
real estate of a decedent in one county, or any share 
thereof, if divided into shares, such party shall not 
have the right of preference or election to take the real 
estate or any share thereof in any other county, or any 
other share in the same county, until all the other 
parties shall have neglected, after due notice, or re- 
fused to take the same at such valuation. 

Section 14. The orphans’ court having jurisdiction 
in any case of partition shall have power, wherever it 
shall appear advisable and proper, to cause the share 
or shares of the party or parties appearing in court to 
be allotted and assigned to them, and to permit the 
residue of the premises to remain for the person or 
persons entitled thereto, and subject to a future parti- 
tion among them, if more than one person be so en- 
titled. 

Section 15. Where the real estate, or any part there- 
of, shall be allotted to the widow as the highest bidder, 
two-thirds of the purchase money thereof, in cases 
where by existing laws the widow is entitled to a dower 
of one-third in the real estate, and one-half of the pur- 
chase money thereof, in cases where by existing laws 
the widow is entitled to a dower of one-half in the real 
estate, shall be paid to those entitled thereto, as pro- 
vided by law; the remaining one-third or one-half of 
such purchase money as the case may be, shall be paid 
to a trustee or trustees to be appointed by the court, 
which trustee or trustees shall give bond in double 
the amount to be received; the trustee or trustees as 
aforesaid, shall pay semi-annually, in lieu of dower, 
the interest on said one-third or one-half of the pur- 


187 


chase money, as the case may be, to the widow during 
her life, and at her death, the said trustee or trustees 
shall pay the purchase money to such persons as are 
entitled by law thereto. 

Section 16. Upon return made by commissioners ap- 
pointed by agreement of the parties, or of the inquisi- 
tion taken, or when the real estate or any purpart 
thereof is awarded or allotted by the court, and a final 
decree is entered, the partition thereby made shall be 
firm and stable forever. subject only to the right of 
appeal. 

Section 17 (a) In every ease provided for in section 
twelve or section thirteen of this act, the party bid- 
ding in or accepting the real estate, or some one on 
his behalf, shall pay to the other parties interested 
therr proportional parts of the value of such estate, 
according to the amount of the bid, or the just ap- 
praisement thereof, made in manner aforesaid, as the 
case may be, or shall give good security by recogniz- 
ance, or otherwise, to the satisfaction of the court, for 
the payment thereof, with legal interest, at such time 
or times as in the judgment of the court shall be to 
the advantage of those entitled to the estate; and the 
persons to whom or for whose use payment or satis- 
faction shall be so made, in any of the cases aforesaid, 
for the respective parts or shares of such real estate, 
shall be forever barred of all right or title to the same. 

(b) Where the court shall decree any share or shares 
to any person not residing within this Commonwealth, 
with the payment of owelty annexed, it shall be lawful 
for the court, upon application made by any party law- 
fully interested in the same, to order a rule upon such 
party, his or her legal heirs or representatives, requir- 
ing the payment of said owelty, at such time and upon 
such terms and conditions as the court shall direct. If 
the said rule cannot be served within this common- 
wealth, the court may, in its discretion, authorize serv- 
ice of such rule upon him or them personally or direct 
such publication thereof as shall appear to the court to 


188 


be reasonable and proper. Upon return and proof of 
service or publication as aforesaid, and upon refusal 
or neglect to comply with the said rule, the court may 
enforce the same by ordering a sale of such share or 
shares, for the purposes aforesaid, as in other cases of 
sales under this act. 

(c) Wherever it shall appear that any party or 
parties, in whose favor a lien exists until payment be 
made to them of their respective shares of the money 
due from the party or parties to whom the real estate 
or any purpart thereof is awarded at the appraisement 
_or at a price bid therefor above the appraisement, is or 
are unknown or cannot be found, the court shall have 
power to appoint a trustee to whom the shares of 
money due said unknown or other party may be paid, 
with power in said trustee, upon payment to him of 
said money, to satisfy said lien upon the proper rec- 
ords, whereupon the said land shall be freed and dis- 
charged from said lien. Such trustee shall first file a 
bond, to be approved by the court, conditioned for the 
faithful application of the money to him so paid, as 
aforesaid, according to the trust and order of court. 
It shall be the duty of the trustee to invest the said 
moneys in securities authorized by law. 

Section 18 (a) Should the widow of the decedent be 
living at the time of the partition and entitled to a life 
estate in one-half or one-third of the real estate under 
the intestate laws, or should such widow elect to take 
against the will of the decedent and thereby be entitled 
to such life estate, she shall not be entitled to payment 
of the sum at which her purpart or share of the estate 
shall be valued, but the same, together with interest 
thereof, shall be and remain charged upon the prem- 
ises, if the whole be taken by one person, or upon the 
respective shares, if divided as hereinbefore men- 
tioned, and the legal interest thereof shall be semi- 
annually and regularly paid by the persons to whom 
such real estate shall be adjudged, their heirs or as- 
signs, holding the same, according to their respective 


189 


portions, to the said widow, during her natural life, in 
lieu and full satisfaction of her dower at common law, 
and the same may be recovered by the widow by dis- 
tress or otherwise, as rents in this Commonwealth are 
recoverable. On the death of the widow, the said prin- 
cipal sum ‘shall be paid by the persons to whom the 
said real estate shall have been adjudged, their heirs 
or assigns, holding the premises, to the persons there- 
unto legally entitled. 

(6) When the real estate of any decedent. shall con- 
sist of several different tracts or pieces of land, and 
the same shall be adjudged to any of the parties en- 
titled thereto, or ordered to be sold, by any orphans’ 
eourt, such court shall have authority to decree that 
the share or purpart of the widow of such decedent in 
the whole of said real estate, where such widow is en- 
titled to a life interest, together with the interest 
thereof, shall be and remain charged on one or more of 
the said tracts or pieces of land, in the manner and for 
the purposes now provided by law, and that. the re- 
maining tracts or pieces of land shall be wholly dis- 
charged from the share or purpart of such widow, or 
any part thereof: Provided, That the pieces or tracts 
of land, upon which such purpart or share shall be so 
charged as aforesaid, shall, in the opinion of such 
court, be fully sufficient to secure the payment of the 
principal and interest of such purpart or share: And 
provided further, That such widow shall have the same 
remedies for recovery of her interest as are provided 
in clause (a) of this section. 

Section 19. Should any person other than the widow 
of the decedent be entitled, under the intestate laws, 
or should any person, including the widow of the de- 
cedent, be entitled under the will of the decedent, to a 
life interest in an undivided share of the real estate, 
the share of such tenant for life shall not be paid to 
him or her, but the same, together with interest there- 
of, shall be and remain charged upon the premises, if 
the whole be taken by one person, or upon the respec- 


190 


tive shares, if divided as hereinbefore mentioned, and 
the legal interest thereof shall be semi-annually and 
regularly paid by the persons to whom such real estate 
shall be adjudged, their heirs or assigns, holding the 
same, according to their respective portions, to the 
said tenant for life, during his or her natural life, and 
the same may be recovered by such life tenant as debts 
of like nature in this Commonwealth are recoverable. 
On the death of the life tenant, the said principal sum 
shall be paid by the persons to whom the said real es- 
tate shall have been adjudged, their heirs or assigns, 
holding the premises, to the persons thereunto legally 
entitled. | 

Ssction 20. In case of partition of real estate now or 
hereafter held by two or more persons as tenants in 
common, where one or more of said tenants shall have 
been or shall hereafter be in possession of said real 
estate, the parties in possession shall have deducted 
proportional part of the rental value thereof to which 
their co-tenant or co-tenants are entitled for the time 
such real estate shall have been in possession as afore- 
said. 

Section 21. Upon an appraisement or valuation of 
real estate made as provided in section nine or sec- 
tion ten of this act, should all the parties neglect, 
after due notice, as provided in section eleven here- 
of, or refuse to take the same or any part thereof 
at the valuation or to bid above the appraisement 
as provided in section twelve hereof, the court 
shall, on the application of any one of the parties, 
grant a rule upon the other parties interested, to 
show cause why the estate, or part thereof, so ap- 
praised and not taken at the appraisement or bid for, 
should not be sold; which rule shall be returnable at 
such time as the court, having respect to the cireum- 
stances of the case, may direct; and service of such rule 
shall be made in the manner provided by law for the 
service of citations in the orphans’ court. On the re- 
turn of such rule, the court may, on due proof of notice 


191 


to all persons interested, make a decree authorizing 
and requiring the executor or administrator, as the 
case may he, to expose such real estate, or part thereof, 
to public sale, at such time and place, and on such 
terms as the court may decree: Provided, That the 
rule to show cause herein directed may be dispensed 
with by the court, on the application of all the parties 
in interest, if of full age and sui juris, and of the guar- 
dians or committees of such as are weak-minded per- 
sons for whom guardians have been appointed, minors, 
lunatics or habitual drunkards, for such decree; and 
public notice of such sale shall be given by the person 
who is to make the sale, once a week for a period of 
three weeks before the day appointed therefor, by ad- 
vertisement in at least one newspaper published in the 
county, if there be one, or, if there be none, then in an 
adjoining county; and in all cases, notice shall also be 
given by handbills, one of which shall be posted at a 
conspicuous place on the real estate proposed to be 
sold, and at least three of which shall be posted at 
three of the most public places in the vicinity of such 
estate; and in any case the court may, by general rule 
or special order, require such further notice as it shall 
deem advisable. 

Section 22. In all cases of the partition or valuation 
of real estate, the orphans’ court may, upon the appli- 
cation of any party in interest, instead of the separate 
rules herein provided for such cases, grant a rule upon 
the parties interested to appear, and accept or refuse 
the said real estate at the valuation, or, in case they 
or any of them should neglect or refuse to take and 
accept the same as aforesaid, show cause why the said 
real estate, or any part thereof, should not be sold. 

Ssection 23 (a) Whenever any person shall die seised 
of real estate, and the parties in interest desire the 
same to be converted into money for distribution, it 
shall be lawful for the orphans’ court of the proper 
county, in its discretion, upon the joint petition of the 
widow and heirs, or devisees, and the guardians or 


192 


committees of such as are minors or under disability, 
in whom the real estate of the decedent shall have 
vested by descent or will, and legatees whose legacies 
are charged on said real estate, or the representatives 
of such as may be deceased or under disability, to or- 
der the executor or administrator, or a trustee to be 
appointed by said court, to make sale of said real 
estate. Such petition shall set forth the description of 
the property, the desire to have the same sold, and its 
estimated value according to the affidavits of two disin- 
terested and competent persons, and said petition shall 
be duly sworn to. Said order shall provide that, before 
making sale, the executor, administrator or trustee 
shall give bond, in double the estimated value of the 
said real estate, and shall proceed thereafter in all 
respects in the manner provided by this act in cases of 
the sale of real estate under proceedings in partition. 
The proceeds of such sale, after payment of the ex- 
penses thereof, shall be distributed to and among those 
entitled thereto, the same as real estate. Such sale 
shall have the same effect in all respects as a public sale 
in proceedings in partition of real estate under this 
act. 

(b) When the lands, in respect to which a petition 
for sale shall be filed under the provisions of clause (a) 
of this section, shall le in one or more adjoining tracts 
in different counties, or shall lie in two or more coun- 
ties, but not in adjoining tracts, the proceedings shall 
be in the courts designated in sections: thirty-seven 
and thirty-eight of this act, respectively. 

Section 24. Whenever any real estate shall be or- 
dered to be sold under proceedings in partition, the 
orphans’ court is hereby authorized and required, in 
case of the neglect or refusal of the executor or admin- 
istrator to execute such order, or in case there be no 
executor or administrator, or in case the court for any 
reason deems it advisable, to appoint some suitable 
person trustee for the purpose of making such sale, 
who shall be subject to the same restrictions, and have 


193 


the same powers, and whose proceedings shall have the 
same effect, to all intents and purposes, as are provided 
in the case of such sales by executors or administra- 
tors. 

SecttIon 25. In all cases where the carrying out of 
any decree of the court under the provisions of this act 
shall involve the receipt of money, the court shall di- 
rect the person acting under the decree to file a bond to 
the Commonwealth in a sufficient amount conditioned 
for the proper application of all moneys to be received. 
Such bond shall inure to the benefit of all persons in- 
terested and be executed by two individual sureties or 
by one corporate surety, approved by the court. No 
such decree shall be executed until such bond, with sur- 
eties as may be required, shall be filed: Provided, 
That where a corporation, duly authorized by law, shall 
be designated to carry out any such decree, the court 
may, in heu of security as aforesaid, permit such cor- 
poration to enter its own bond without surety. 

Seotion 26. All public or private sales of real estate 
or of any part or purpart thereof, under the provisions 
of this act, shall have the effect of judicial sales as to 
the discharge of liens upon the real estate or part or 
purpart thereof so sold. 

Section 27. In all cases of sales of real estate under 
the provisions of this act, when the entire purchase 
money shall not be paid in cash, the purchaser or pur- 
chasers shall enter recognizance in the orphans’ court, 
with sufficient security, to be approved by said court, 
for the payment of the purchase money, or any bal- 
ance thereof, over and above the costs and expenses 
of said proceedings, to the parties who may be entitled 
to the same. Such recognizance shall be a lien on the 
real estate so sold until fully paid and satisfied. 

Section 28. Whenever a public or private sale of 
real estate shall be directed or confirmed under the 
provisions of this act, the person or persons purchas- 
ing the real estate so sold and taking title thereto in 
pursuance of the decree of the court, shall take such 


194. 


title free and discharged of any obligation to see to the 
application of the purchase money. 

Ssection 29. Where a decree for the sale of real es- 
tate shall be made by the orphans’ court in the event 
provided for in section twenty-one hereof, the court 
shall direct that, if there be a widow entitled to a life 
interest in such real estate under the intestate laws, or 
should such widow elect to take against the will and 
thereby be entitled to such life estate, the share of the 
widow in the purchase money shall remain in the hands 
of the purchaser, during the natural life of the widow. 
The interest thereof shall be semi-annually and regu- 
larly paid to her by the purchaser, his heirs and as- 
signs, holding the premises, and may be recovered by 
distress or otherwise as rents are recoverable in this 
Commonwealth, which the said widow shall accept in 
full satisfaction of her dower in such premises; and 
at her decease, her share of the purchase money shall 
be paid to the persons legally entitled thereto. 

Section 30. In the case of a sale of real estate under 
proceedings in partition in the orphans’ court, should 
any person other than the widow of the decedent be 
entitled, under the intestate laws, or should any per- 
son, including the widow of the decedent, be entitled 
under the will of the decedent to a life interest in an 
undivided share of the real estate, the share of such 
person shall not be paid to him or her, but shall re- 
main charged on such or other real estate, according to 
the directions of the court; and the legal interest there- 
of shall be semi-annually and regularly paid by the 
purchaser of such real estate, his heirs or assigns, 
holding the same, during the natural life of such life 
tenant, and the same may be recovered by such life 
tenant as debts of like nature in this Commonwealth 
are recoverable, and on the death of the life tenant, the 
said principal sum shall be paid by the person by whom 
the said real estate shall have been purchased, his heirs 
or assigns, holding the premises, to the persons there- 
unto legally entitled. 


195 


Section 31. In any case of a sale of real estate under 
the provisions of this act, instead of the life interest 
of any person in an undivided share of the real estate 
remaining charged on the real estate as aforesaid, the 
court may, on petition of the person entitled to the life 
interest, or of the purchaser, direct the purchaser to 
pay such principal sum to a suitable person or cor- 
poration, who shall be appointed by the court as trus- 
tee to receive and hold such principal sum, invest the 
same in securities authorized by law, pay the income 
thereon, after deducting all legal charges, to the person 
entitled thereto, and, upon the death of such person, to 
pay over such principal sum to the persons thereunto 
legally entitled, after deducting all legal charges there- 
on. Such trustee shall enter such security as the court 
may direct, and shall not be an insurer of the trust 
fund, and shall be liable to the persons interested in 
the income or corpus of the trust fund only for such 
care, prudence and diligence in the execution of the 
trust as other trustees are liable for. 

Section 32. In all cases where the letters testa- 
mentary or of administration shall be revoked, or the 
executor, administrator or trustee, or one or more of 
the co-executors, co-administrators, or co-trustees, au- 
thorized to make a sale of real estate under the pro- 
visions of this act, shall be removed by the court, or 
shall die, or become insane, or otherwise be incapable, 
before such sale is effected or before a deed of convey- 
ance is made to the purchaser, such sale or such con- 
veyance shall be made in the manner and with the 
effects as provided by law in other cases of sales by 
executors, administrators or trustees, under like cir- 
cumstances. 

Section 33. In all cases where, in consequnce of pro- 
ceedings in partition, the share, or any part thereof, 
of a party in interest, in real estate, shall be converted 
into money, either by reason of the impracticability or 
inequality of partition, or by virtue of a sale or other- 
wise, the orphans’ court, before making a final decree 


196 


confirming the partition or distributing the proceeds of 
sale, as the case may be, may appoint a suitable person 
as auditor, to ascertain whether there are any liens or 
other incumbraneces on such real estate, affecting the 
interests of the parties. If it shall appear by the re- 
port of such auditor or otherwise, that there are such 
liens, the court may order the amount of money which 
may be payable to any of the parties against whom 
liens exist, to be paid into court, and shall have full 
power to decree the distribution thereof among the 
creditors or others entitled thereto. Where recogniz- 
ance or other security shall be given for the payment 
ef money, the court may make an order on the party 
giving such recognizance or other security, to pay the 
amount thereof into court, when the same shall become 
due, to be distributed in like manner among the per- 
sons holding hens at the time of the partition. 

Section 34. Upon the sale of any real estate by an 
executor, administrator or trustee, in proceedings in 
partition in the orphans’ court, it shall be the duty of 
the said executor, administrator or trustee to file in the 
orphans’ court of the proper county an account of the 
proceeds of such sale. 

Section 35 (a) The costs in all cases of partition in 
the orphans’ court, with a reasonable allowance to the 
petitioners for counsel fees, to be taxed by the court, 
or under its direction, shall be paid by all the parties, 
in proportion to their several interests. 

(6) In all cases of sales of real estate, under the 
provisions of this act, it shall be lawful for the court 
to order and decree that the costs and expenses of said 
proceedings, including a reasonable compensation to 
the executor, administrator or trustee by whom. said 
sale shall be made, shall be paid, on the confirmation 
of such sale, out of the proceeds thereof. 

Section 36 (a@) When any orphans’ court having 
jurisdiction of any proceedings in the partition of real 
estate shall order, or has ordered, any such real estate 
or any purparts thereof to be sold, said court may 


197 


authorize or direct a private sale thereof, or may ap- 
prove, ratify and confirm a private sale thereof made 
under an order for a public sale, if in the opinion of 
the court, under all the circumstances, a better price 
ean be obtained at a private sale than at a public sale 
thereof. 

(6) Before authorizing or directing any private sale 
of real estate under this act, public notice thereof shall 
be given by advertisement printed in at least one news- 
paper, published in the county where such real estate 
is situated, and in the legal periodical if any desig- 
nated by rule of court for the publication of legal 
notices, and in such other papers as may be desig- 
nated by the court, once a week for a period of three 
weeks prior to the date fixed by such order for author- 
izing or confirming such sale, and also written or ~ 
printed notices, one of which shall be posted at a con- 
spicuous place on the real estate proposed to be sold, 
and at least three of which shall be posted at three of 
the most public places in the vicinity of such real 
estate. Before authorizing or directing such sale, the 
court shall require proof, by affidavit to be filed in the 
proceeding, that notice as aforesaid has been given. 
Such notice shall specify the location and description 
of the real estate proposed to be sold, the name of the 
proposed purchaser and the price agreed to be paid. 

(c) On the day fixed by such order and notice for 
authorizing or directing such private sale, any party 
interested as heir, devisee or intending purchaser, or 
any legatee whose legacy is, by the express terms of 
the will, or by law, charged on such real estate, may 
appear and object to such private sale on account of the 
insufficiency of the price, and, if such objection be sus- 
tained, may offer to give or pay a substantial increase 
for such property. The court, at its discretion, may 
thereupon authorize or direct such ‘sale, or refuse to 
authorize or direct the same, and accept any substan- 
tially increased offer, and may authorize the sale of 
such property to such new bidder upon compliance with 


198 


the conditions of sale and giving such security as shall 
be directed by the court. Such party interested or 
legatee may appear as aforesaid and object to such 
sale on any legal or equitable grounds. Nothing here- 
in contained shall be construed to affect the existing 
law with respect to objections to public sales. 

Srection 37. When the lands, in respect to which ap- 
plication for partition shall be made to the orphans’ 
court as aforesaid, lie in one or more adjoining tracts, 
in different counties, it shall be lawful for the orphans’ 
court of the county in which the mansion house is situ- 
ated, or, if there be no mansion house, the court of the 
county where the principal improvements may be, or, 
if there be no improvements, the court of either county, 
on the application of any person interested, either to 
proceed by the appointment of commissioners as 
aforesaid, or to issue its writ to the sheriff of the 
county within the jurisdiction of the court, specifying 
the lands of which a partition or valuation is to be 
made. Thereupon the said sheriff shall summon an in- 
quest to divide or value the said lands, in the same man- 
ner as if the whole were within his proper bailiwick. 
Upon the return thereof, or upon the return of the com- 
missioners appointed by the court, as aforesaid, the 
court may further proceed therein, in all respects as if 
all the said lands were in the county. Any recogniz- 
ance taken in pursuance of such proceedings shall be 
as effectual, to all intents and purposes, as if the lands 
bound by it were wholly within the county where such 
recognizance is taken. A certified copy of the proceed- 
ings which may be had shall, within twenty days after 
the final decree therein, be delivered to the clerk 
of the orphans’ court of each county in which the ap- 
plication shall not have been made, and in which any 
part of the said lands are situated, which shall be 
entered on the records of such court at the joint ex- 
pense of all parties concerned. 

Section 38 (a) All proceedings for the partition or 
valuation of real estate, under the provisions of this 


bog 


act, where the real estate to be divided or valued is 
situated in two or more counties of this Commonwealth 
but not in adjoining tracts, shall be brought only in the 
county where the decedent, whose land is to be divided 
or valued, had his domicile, or if he had no domicile in 
the State, then in the county where the larger part of 
the estate in value shall be situated; or, with leave of 
such court, the parties interested may institute pro- 
ceedings in the orphans’ court in each county where 
such real estate is situated. 


(6) In proceedings under this section, all process, 
writs and notices required to be served personally upon 
any person or persons interested in such proceedings 
may be served by the sheriff of any county of this 
State under deputization from the sheriff of the county 
in which‘such proceedings have been instituted or com- 
menced. 


(c) The commissioners or jurors for making parti- 
tion or valuation under the provisions of this section 
may be selected from the county in which such pro- 
ceedings are instituted, or from any one or more of the 
counties in which such land is situated. The compensa- 
tion and mileage of said commissioners or jurors shall 
be the same as is provided in section seven of this act. 


(dq) This section shall include all proceedings in par- 
tition necessary to be had, as well before as after the 
refusal of the parties to take real estate at the valua- 
tion; and the said courts in which such procedings are 
had, are hereby authorized to order the sale of such 
real estate, after such refusal, in the same manner as if 
all the real estate were situated in the county in which 
such proceedings are instituted: Provided, That the 
sales of such real estate shall be held in the county in 
which the real estate is situated, unless otherwise 
ordered by the said courts. 

(e) Except as otherwise provided by this section, the 
proceedings hereunder shall be the same as provided 
by this act in other cases of partition and valuation. 


200 


(f) Certified copies of the record may be filed in 
every county were such real estate shall be situated, in 
the office of the clerk of the orphans’ court thereof, and 
be received in evidence, with the like effect, as the 
records of the court where filed. 

Stctrion 39 (a) In all cases of partition in the or- 
phans’ court, where the court shall order and decree 
any party taking any portion of the estate at a bid or 
at the appraisement, or purchasing the same at a sale, 
as hereinbefore provided, to give any recognizance for 
the payment of any part of bid, valuation or purchase 
price, the court shall have power to appoint an auditor 
for the purpose of ascertaining advancements and 
making distribution among the heirs and parties in in- 
terest. In all cases in which such auditor has not been 
or may not be appointed, it shall be the duty of the 
court to make a calculation exhibiting the amounts due 
the respective parties in interest, and to direct the 
clerk of the court to record said calculation upon the 
partition docket of the court as a part of the proceed- 
ings in each case, for which services the clerk shall be 
entitled to a fee of one dollar. 

(6b) 1. Where a recognizance has been or shall here- 
after be taken in any orphans’ court, in any partition 
proceeding, as hereinbefore provided for, and the 
same, or any part thereof, shall be satisfied or paid to 
the person or persons interested therein, his, her or 
their agent or attorneys, any such person so having re- 
ceived satisfaction of the amount coming to him, shall 
enter an acknowledgment thereof upon the record of 
such court, which shall be satisfaction and discharge 
of said recognizance, to the amount acknowledged to be 
paid; and the recognizance shall cease to be a lien on 
the real estate of the conusor to a greater amount than 
the principal and interest actually remaining due. 

2. If any person who shall have received satisfaction 
as aforesaid, for his claim or lien secured by such re- 
cognizance, shall neglect or refuse to enter upon the 
record his acknowledgment thereof, upon the written 


201 


request of the owner of the premises, bound by such 
recognizance, or of any part thereof, or of his legal 
representatives, or other persons interested therein, on 
tender of all the costs for entering such acknowledg- 
ment, the orphans’ court, on due proof to them made 
that the entire amount due to any heir, legatee or dis- 
tributee, shall have been fully paid and discharged, 
may make an order for the relief of such person from 
any recognizance or other recorded lien. Such order, 
being certified to the proper court where such lien may 
appear, shall be entered on the records, and shall inure 
and be received as a full satisfaction and discharge of 
the same. 

Section 40. In all cases arising under this act, where 
there is a limitation of an estate or interest in the 
premises or some part thereof to a person or persons 
not in existence, the court shall have power to apoint. 
a trustee to represent such unborn person or persons 
in the proceedings, and shall have power to make such 
further or other orders in regard to the property or 
purpart in which such person or persons may become 
interested, or the proceeds of the sale thereof, or any 
recognizance given with respect thereto, as justice and 
equity may require. | 

Section 41. It shall be the duty of the clerks of the 
orphans’ courts of the several counties of this Common- 
wealth, and they are hereby required to enter in a book 
to be procured for that purpose, to be called a partition 
docket, all the proceedings in partition in every case in 
their respective courts, from the commencement to the 
final judgment and decree thereon, which shall be and 
the same is hereby made the record of said court; for 
which service, such clerks shall be entitled to receive 
the same fees as the recorders of deeds receive for re- 
cording, to be taxed and paid as part of the costs of 
such proceedings. 

Ssection 42. It shall be the duty of the clerks of the 
orphans’ courts of the several counties of this Common- 
wealth, and they are hereby required, to keep a separ- 


202 


ate index, to be known as the partition index, in which 
shall be entered in alphabetical order the names of all 
persons to whom any real estate shall be allotted or 
awarded in partition proceedings in said courts, and 
the names of all purchasers of real estate in such pro- 
ceedings. 

Suction 43. Any party aggrieved by any definitive 
decree or judgment of any orphans’ court, or by any 
order or decree awarding or refusing to award an in- 
quest, or by an order of sale, under the provisions of 
this act, may appeal therefrom to the proper appellate 
court as in other cases of appeals from the orphans’ 
court. 

Ssotion 44. This act shall be known and may be cited 
as the Orphans’ Court Partition Act of 1917. 


Section 45. The following acts and parts of acts of 
assembly are repealed as respectively indicated. The 
repeal of the first section of an act shall not repeal the 
enacting clause. 

Section 22 of an act entitled ‘‘An Act directing the 
descent of intestates’ real estates, and distribution of 
their personal estates, and for other purposes therein 
mentioned,’’ passed April 19, 1794, 3 Sm. L. 148, abso- 
lutely. 

Section 8 of an act entitled ‘‘ An Act supplementary 
to the act entitled ‘An Act directing the descent of 
intestates’ real estates, and distribution of their per- 
sonal estates, and for other purposes therein men- 
tioned,’ ’’ passed April 4, 1797, 3 Sm. L. 296, in so 
far as it relates to the orphans’ court. 

An act entitled ‘‘A further supplement to the act 
entitled ‘An Act directing the descent of intestates’ 
real estates and distribution of their personal estates, 
and for other purposes therein mentioned,’ ’’ approved 
April 2, 1804, P. L. 459, absolutely. 

An act entitled ‘‘A further supplement to an act 
entitled ‘An Act directing the descents of intestates’ 
real estates and distribution of their personal estates, 


203 


and for other purposes therein mentioned,’ ’’ approved 
April 1, 1805, P. L. 205, absolutely. 


Sections 6, 7 and 8 of an act entitled ‘‘An Act sup- 
plementary to the several acts of this Commonwealth 
concerning partitions, and for other purposes therein 
mentioned,’’ approved April 7, 1807, P. L. 155, abso- 
lutely, and section 9 of said act in so far as it relates 
to the orphans’ court. 


Section 2 of an act entitled ‘‘An Act to amend cer- 
tain parts of an act, entitled ‘An Act supplementary 
to the several acts of this Commonwealth, concerning 
partitions and for other purposes therein mention- 
ed,’ ’’ approved March 26, 1808, P. L. 144, absolutely. 


Sections 5 and 6 of an act entitled ‘‘A supplement 
to the act entitled ‘A further supplement to the act, 
entitled an act to alter the judiciary system of this 
Commonwealth,’ passed the eighth day of April, eigh- 
teen hundred and twenty-six,’’ approved April 14, 
1828, P. L. 484, absolutely. 


Sections 36 to 46 inclusive, and 48 to 51 inclusive, 
of an act entitled ‘‘An Act relating to orphans’ 
courts,’’ approved March 29, 1832, P. L. 190, abso- 
lutely. 

Sections 42, 44, 45 and 46 of an act entitled ‘‘ An 
Act relating to executors and administrators,’’ ap- 
-proved February 24, 1834, P. L. 73, absolutely. 


Section 2 of an act entitled ‘‘Supplement to the act 
passed the twenty-ninth day of March, Anno Domini, 
one thousand eight hundred and thirty-two, entitled 
‘An Act relating to orphans’ courts,’’’ approved 
April 14, 1835, P. L. 275, absolutely. 


Section 4 of an act entitled ‘‘A further supplement 
to an act, entitled an act relating to orphans’ courts, 
passed the twenty-ninth day of March, one thousand 
eight hundred and thirty-two, and the supplement 
thereto, passed the fourteenth of April, one thousand 
eight hundred and thirty-five, and for other pur- 
poses,’’ approved April 13, 1840, P. L. 319, absolutely. 


204. 


Section 8 of an act entitled ‘‘ An Act to incorporate 
the Butler County Mutual Insurance Company, and 
for other purposes,’’ approved April 24, 1848, P. Lf. 
359, absolutely. 

An act entitled ‘‘A further supplement to an act 
relating to orphans’ courts,’’ approved April 6, 1844, 
P. L. 214, absolutely. 

Section 1 of an act entitled ‘‘A supplement to the 
act of assembly, passed the twenty-ninth March, one 
thousand eight hundred and thirty-two, relating to the 
proceedings in the orphans’ court of this Common- 
wealth, and for other purposes,’’ approved April 15, 
1845, P. L. 458, absolutely 


Section 1 of an act entitled ‘‘An Act in relation to 
partitions,’’ approved April 21, 1846, P. L. 426, ab- 
solutely. 

An act entitled ‘‘An Act relative to the orphans’ 
court,’’ approved March 13, 1847, P. L. 319, absolutely. 


Section 4 of an act entitled ‘‘A supplement to an 
act relative to the venders of mineral waters; and an 
act relative to the Washington Coal Company; to 
sheriffs’ sales of real estate; to the substitution of 
executors and trustees when plaintiffs; to partition in 
the courts of common pleas, and for other purposes,’’ 
approved April 9, 1849, P. L. 524, except in so far as 
it relates to sales made before its date. : 

Section 10 ot an act entitled ‘‘An Act to enable 
Thomas Hoge to make a fee simple title; to enable the 
trustees under the wills of Ephraim Clark and Cath- 
arine Yohe, Alex. Calder, administrator, Joseph B. 
Baker, guardian, and Nancy, John, and William Kline 
to sell certain real estate; relative to a school house 
in Itlizabeth township, Lancaster county; to amend 
the charter of the second Jackson beneficial society 
of Philadelphia, and to extend the jurisdiction of the 
orphans’ court,’’ approved April 10, 1849, P. L. 591, 
except in so far as it validates partition proceedings 
begun before its date. 


205 


Section 2 of an act entitled ‘‘ An Act relating to the 
bail of executrixes; to partition in the orphans’ court 
and common pleas; to colored convicts in Philadel- 
phia; to the limitation of actions against corporations; 
to actions enforcing the payment of ground rent; to 
trustees of married women; to appeals from awards 
of arbitrators by corporations; to hawkers and ped- 
lers in the counties of Butler and Union; to the pay- 
ment of costs in actions by informers in certain cases; 
to taxing lands situate in different townships; and in 
relation to fees of county treasurers of Lycoming, 
Clinton and Schuylkill; to provide for recording the 
accounts of executors, administrators, guardians and 
auditors’ reports; and to amend and alter existing 
laws relative to the administration of justice in this 
Commonwealth,’’ became a law April 25, 1850, by rea- 
son of the Governor’s failure to return it within ten 
days, P. L. 569, absolutely, and Section 10 of the same 
act in so far as it relates to the orphans’ court. 

Sections 22 and 23 of an act entitled ‘‘An Act to 
incorporate the Wyoming County Mutual Insurance 
Company; relating to Library Street, in the city of 
Philadelphia; giving jurisdiction to the court of com- 
mon pleas in Tioga County, in a certain divorce case; 
and relating to paving in front of the prison in the 
county of Philadelphia,’’ approved April 26, 1850, P. 
L. 577, in so far as they relate to recognizances in 
partition. 

Section 1 of an act entitled ‘‘ An Act relative to suits 
in dower and partition,’’ approved February 20, 1854, 
P. lL. 89, in so far as it relates to the orphans’ court. 

An act entitled ‘‘A further supplement to the act, 
entitled ‘An Act relating to orphans’ courts,’ passed 
the twenty-ninth day of March, one thousand eight 
hundred and thirty-two,’’ approved April 12, 1855, 
P. L. 214, absolutely. 

Section 4 of an act entitled ‘‘An Act to amend cer- 
tain defects of the law for the more just and safe 
transmission and secure enjoyment of real and per- 


206 


sonal estate,’’. approved April 27, 1855, P. L. 368, in 
so far as it relates to the orphans’ court. 

Sections 1 and 2 of an act entitled ‘‘A supplement 
to an act relative to suits in dower and partition, 
passed twentieth February, one thousand eight hun- 
dred and fifty-four,’’ approved April 17, 1856, P. L. 
386, absolutely. 

Section 10 of an act entitled ‘‘ An Act for the greater 
certainty of title and more secure enjoyments of real 
estate,’’ approved April 22, 1856, P. L. 532, in so far 
as it relates to the orphans’ court. 

An act entitled ‘‘An Act requiring administrators 
and trustees, upon the sale of real estate, after pro- 
ceedings in partition, to file, in the register’s office 
of the proper county, an account of their said admin- 
istration, or trusteeship,’’ approved April 11, 1868, 
P. L. 341, absolutely. 

An act entitled ‘‘An Act relative to costs in cases 
of partition,’’ approved April 27, 1864, P. L. 641, in 
so far as it relates to the orphans’ court. 

An act entitled ‘‘An Act relating to the committees 
of the estates of lunatics and habitual drunkards,’’ 
approved March 22, 1865, P. L. 31, in so far as it 
relates to the orphans’ court. 

An act entitled ‘‘An Act relating to proceedings in 
partition,’’ approved March 27, 1865, P. L. 45, abso- 
lutely. 

An act entitled ‘‘A supplement to an act relating 
to orphans’ courts, approved the twenty-ninth of 
March, Anno Domini one thousand eight hundred and 
thirty-two,’’ approved January 7, 1867, P. L. 1367, 
absolutely. 

An act entitled ‘‘An Act to extend the jurisdiction 
of the orphans’ court of York and Fayette Counties,’’ 
approved February 18, 1867, P. L. 160, absolutely. 

An act entitled ‘‘An Act to repeal a portion of an 
act, entitled ‘An Act relating to proceedings in par- 
tition,’ approved the twenty-seventh day of March, 
Anno Domini one thousand eight hundred and sixty- 


207 


five,’’? approved April 28, 1868, P. L. 105, absolutely. 


An act entitled ‘‘A supplement to an act, entitled 
‘An Act relative to the orphans’ court,’ approved the 
thirteenth day of March, one thousand eight hundred 
and forty-seven, confirming certain partitions,’’ ap- 
proved February 26, 1869, P. L. 4, except in so far 
as it confirms partitions made before its date. 


An act entitled ‘‘A further supplement to an act, 
entitled ‘An Act relative to suits in dower and par- 
tition,’ approved the twentieth day of February, Anno 
Domini one thousand eight hundred and fifty-four, 
and its supplement, approved the seventeenth day of 
April, Anno Domini one thousand eight hundred and 
fifty-six,’’ approved March 30, 1869, P. L. 15, in so 
far as it relates to the ronane: court. 


An act entitled ‘‘A supplement to the act Pane 
to orphans’ courts, approved the twenty-ninth day of 
March, Anno Domini one thousand eight hundred and 
thirty-two,’’ approved April 138, 1869, P. L. 28, except 
in so far as it relates to declarations theretofore made 
by married women. 


Section 2 of an act entitled ‘‘An Act relating to 
dowers,’’ approved April 20, 1869, P. L. 77, absolutely. 


An act entitled *‘An Act supplementary to the acts 
relating to orphans’ court, approved the twenty-ninth 
day of March, one thousand eight hundred and thirty- 
two, regulating the sale of real estate by executors, 
administrators or trustees,’’ approved May 23, 1871, 
P. L. 274, absolutely. 

An act entitled ‘‘A further supplement to an act 
relative to suits in dower and partition, approved the 
twentieth day of February, Anno Domini one thou- 
sand eight hundred and fifty-four, and its supplement, 
approved the thirtieth day of March, Anno Domini 
one thousand eight hundred and sixty-nine, construing 
said act and extending jurisdiction of the courts there- 
in,’’ approved May 14, 1874, P. L. 156, in so far as 
it relates to the orphans’ court. 


208 


An act entitled ‘‘An Act relating to the estates of 
decedents,’’ approved May 14, 1874, P. L. 166, abso- 
lutely. 

An act entitled ‘‘An Act enlarging the powers of 
the orphans’ court in regard to fixing the time for the 
payment of owelty,’’ approved May 8, 1876, P. L. 140, 
absolutely. 

An act entitled ‘‘ An act relating to partition of real 
estate,’’? approved May 1, 1879, P. L. 40, in so far as 
it relates to the orphans’ court. 

An act entitled ‘‘An Act to provide for the keeping 
of a partition docket by the several clerks of the or- 
phans’ courts,’’ approved April 4, 1889, P. L. 28, ab- 
solutely. 

An act entitled ‘‘ An Act to enlarge the jurisdiction 
of the orphans’ courts in case of testacy,’’ approved 
May 9, 1889, P. L. 146, absolutely. 

An ack entitled “An Act relating to sale of the real 
estate of decedents,’’ approved June 12, 18938, P. L. 
461, absolutely. 

An act entitled ‘‘An Act relating to the partition 
of real estate, empowering the courts having jurisdic- 
tion to decree and approve and to approve, ratify and 
confirm private sales,’’ approved May 22, 1895, P. L. 
114, in so far as it relates to the orphans’ court. 

An act entitled ‘‘ An Act to provide for the liability 
of tenants in common in possession to their co-tenants 
out of possession,’’ approved June 24, 1895, P. L. 237, 
in so far as it relates to the orphans’ court. 

An act entitled ‘‘An Act relating to proceedings in 
partition and other actions, and for the appointiment 
of committees, ad litem, therein when any of the de- 
fendants are lunatic,’’ approved June 26, 1895, P. L. 
381, in so far as it relates to the orphans’ court. 

An act entitled ‘‘An Act amending an act, entitled 
‘An act relating to proceedings in partition and other 
actions, and for the appointment of committees, ad 
litem, therein when any of the defendants are lunatic 
or persons Of weak mind,’ approved the twenty-sixth 


209 


day of June, one thousand eight hundred and ninety- 
five, so as to extend the same proceedings in the 
orphans’ court and to enlarge the powers of said com- 
mittees,’’ approved June 10, 1901, P. L. 5&3, in so far 
as it relates to the orphans’ court. 


An act entitled ‘‘An Act relating to partition of 
real estate, and the appointment of a trustee to satisfy 
hens and to invest the moneys coming into his hands 
by proceeding in partition,’’ approved April 3, 1903, 
P. L. 151, in so far as it relates to the orphans’ court. 


An act entitled ‘‘A supplement to an act, entitled 
‘An act for the greater certainty of title and more 
secure enjoyment of real estate,’ approved the twenty- 
second day of April, one thousand eight hundred and 
fifty-six; so as to authorize a widow to accept real 
estate in partition, or compete in bidding therefor, 
and regulating and establishing a mode of payment 
therefor by the widow,’’ approved June 3, 1907, P. L. 
064, in so far as it relates to the orphans’ court. 


An act entitled ‘‘An Act to amend an act, entitled 
‘A supplement to an act, entitled ‘‘An act for the 
greater certainty of title and more secure enjoyment 
of real estate,’’ approved twenty-second day of April, 
Anno Domini eighteen hundred and fifty-six; so as 
to authorize a widow to accept real estate in partition, 
or compete in bidding therefor, and regulating and 
establishing a mode of payment therefor by the 
widow,’ approved the first day of June, Anno Domini 
nineteen hundred and seven; by providing the method 
by which the dower interests of the widow, and the 
principal of the dower fund, should be secured in ¢er- 
tain cases,’’ approved May 8, 1909, P. L. 489, in so 
far as it relates to the orphans’ court. 

An act entitled ‘‘An Act to amend the act, approved 
the twelfth day of June, Anno Domini one thousand 
eight hundred ninety-three, entitled ‘An act relating 
to sale of the real estate of decedents,’ ’’ approved 
May 23, 1913, P. L. 304, absolutely. 


210 


An act entitled ‘‘An Act to amend section three of 
an act, approved the fourteenth day of May, Anno 
Domini one thousand eight hundred seventy-four, en- 
titled ‘A further supplement to an act relative to 
suits in dower and partition, approved the twentieth 
day of February, Anno Domini one thousand eight 
hundred and fifty-four, and its supplement, approved 
the thirtieth day of March, Anno Domini one thou- 
sand eight hundred and sixty-nine, construing said act 
and extending jurisdiction of the courts therein,’ by 
extending the provisions thereof to include persons 
having an undivided interest in the land or in the 
eoal or timber thereon, when the same has not been 
entirely severed, and permitting such persons to com- 
pel partition of the entire tract,’’ approved Mav 6, 
1915, P. L. 269, in so far as it relates to the orphans’ 
court. 

All other acts of assembly, or parts thereof, that 
are in any way in conflict or inconsistent with this 
act, or any part thereof, are hereby repealed. 


zal 


REVISED PRICE ACT 
An Act 


Relating to the jurisdiction, powers and procedure of 
the orphans’ court and the court of common pleas 
as to sales, mortgages, conveyances on ground rent, 
leases, extinguishment of ground rents, partition, 
exchange, squaring and adjusting of lines between 
adjoining owners, consolidation and combination of 
mining lands and the leasing thereof, the joining 
by owners of undivided interests in making and 
taking conveyances in order to change the route or 
location of any right of way or passage over ad- 
joining or other lands, and the subdivision of prem- 
ises so as to command the highest price or greatest 
rents, and, for such purpose, the laying out or dedi- 
cation of roads, streets, and alleys or the vacation 
of such as have not been accepted by the public au- 
thorities, where the court shall be of opinion that 
such decree will be to the interest and advantage 
of all those interested, and where the legal title is 
held by minors, lunatics, habitual drunkards or 
weak-minded persons, a married person whose 
spouse 1s a lunatic or has abandoned him or her 
for one year or has been absent and unheard of 
for seven years, by corporations having no capacity 
to convey or by any unincorporated association, by 
any religious, beneficial or charitable society or as- 
sociation incorporated or unincorporated, and the 
title is subject to forfeiture if real estate is held 
in excess of the amount prescribed by its charter 
or by law, by a corporation or individual or indi- 
viduals and is subject to a trust of any description 


212 


whatever, by any person as to whom a presumption 
of death may have arisen, or any interest wherein 
is held by any person under legal disability to dis- 
pose thereof; where the legal title is an estate tail 
or is subject to the lien of debts of a decedent not 
of record, contingent remainders, executory devises, 
or remainders to a class, some or all of whom may 
not be in being or ascertained; where estates shall 
have been devised or granted for special or limited 
purposes, where there is a power of sale but the 
time may not have arrived for its exercise, any pre- 
liminary act may not have. been done to bring it into 
exercise, the time limited for its exercise may have 
expired, or any one or more persons required to 
consent or join in its exercise may be non compos 
mentis, have removed out of the state, have died, 
refuse to act, unreasonably withhold consent or be 
absent and unheard of; where there has been or 
shall be a defective appointment in any deed or will 
and the necessary power is not given to the execu- 
tor, devisee or appointee to make sale and convey- 
ance; where a trust has been created and no power 
conferred on the trustee to do any of the acts which 
the court is hereby empowered to authorize or con- 
firm; and to the effects of such decrees. 


Section 1. Be it enacted by the Senate and House 
of Representatives of the Commonwealth of Pennsyl- 
vania in General Assembly met, and it is hereby en- 
acted by the authority of the same, That the orphans’ 
court, in all cases where real estate, or a ground rent 
issuing thereout, shall be or shall have been acquired 
by descent or last will, partly by deed and partly by 
descent or last will, or by purchase by a trustee, ex- 
ecutor or guardian, and in all other cases the court of 
common pleas of each county of this Commonwealth, 
shall have jurisdiction with respect to real estate sit- 
uate within the county, and, in the cases hereinafter 
specified, to authorize or confirm :— 


213 


(a) The sale, mortgaging, conveying on ground rent, 
and leasing thereof, or the extinguishment or assign- 
ment of ground rents issuing thereout; 

(6) The amicable partition and exchange thereof; 

(c) The squaring and adjusting of lines between ad- 
joining owners; 

(d) The consolidation and combination of mining 
lands with other adjoining mining lands, so that they 
shall form one tract, and the leasing thereof in such 
manner that the several persons interested therein 
shall be seised of undivided interests in the whole, 
proportionate to their several undivided interests be- 
fore such combination and consolidation, the rents or 
royalties received under the lease to be apportioned 
among them in like proportions; 

(e) The joining by owners of undivided interests in 
making and taking conveyances, in order to change in 
part or in whole the route or location of any right of 
way or passage existing over and upon adjoining or 
other lands; 

(f) The subdivision of the premises so as to com- 
mand the highest price or greatest rents, and for such 
purpose, where the premises shall admit of or require 
it, the laying out and dedication of roads, streets and 
alleys, or the vacating of such as shall not have been 
paid for or received into actual use by the public, if 
found to be inconvenient and to make an unprofitable 
division of the property: 

Provided, That such court shall be of the opinion 
that such decree will be to the interest and advantage 
of all those interested therein and without prejudice 
to any trust, charity or purpose for which the real 
estate or ground rent shall be held and without the 
violation of any law which may confer an immunity 
or exemption from sale or alienation. 

Stotion 2. The several courts aforesaid shall exer- 
cise the jurisdiction conferred by section one of this 
act in all cases: 


214 


(a) Where the legal title is held: (One) By minors, 
lunatics or habitual drunkards, so duly found by in- 
quisition, or by weak-minded persons for whom guard- 
ians have been appointed. (Two) By a married woman 
or married man whose spouse is a lunatic, or has 
abandoned him or her for one year or has been ab- 
sent and unheard of for seven years. (Three) By cor- 
porations of any kind having no capacity to convey 
or by any unincorporated association. (Four) By any 
religious, beneficial or charitable society or association 
incorporated or unincorporated, and the title is sub- 
ject to forfeiture if real estate is held in excess of 
the amount prescribed by its charter or now or here- 
after prescribed by law. (Five) By a corporation of 
any kind or individual or individuals and is subject to 
a trust of any description whatever (Six) By any per- 
son who may have been absent and unheard from for 
Seven years under those circumstances from which the 
naw would presume his or her decease. (Seven) Or 
any interest therein is held by any person under legal 
disability to dispose thereof. 

(b) Where the legal title is an estate tail or is sub- 
ject to contingent remainders, executory devises, or 
remainders to a class, some or all of whom may not 
be in being or ascertained at the time of the entry 
of the decree. 

(c) In all cases where estates shall have been de- © 
vised or granted for special or limited purposes. 

(d) Where there is a power of sale but (One) the 
time may not have arrived for its exercise, (Two) any 
preliminary act may not have been done to bring it 
into exercise, (Three) the time limited for its exercise 
may have expired, (Four) any one or more persons 
required to consent or join in its exercise may be a 
minor, non compos mentis, removed out of the State, 
have died, refuse to act, unreasonably withhold con- 
sent, or be absent and unheard of. 

(e) Where there has been or shall be a defective ap- 
pointment in any deed or will and the necessary power 


215 
is not given to the executor, devisee or appointee to 
make sale and conveyance of real estate. 

(f) Where a trust has been created and no power 
conferred on the trustee to do any of the acts which 
the court is empowered to authorize or confirm under 
the provisions of section one hereof. 

Such jurisdiction may be exercised whether the own- 
ership or interest in real estate be held in severalty, 
joint tenancy or tenancy in common, or by husband 
and wife as tenants by entireties. 

Section 3. Nothing herein contained shall be taken 
to repeal or impair the authority of any Act of Assem- 
bly, general or private, authorizing the sale of real 
estate by decree of court or otherwise, nor to affect 
or impair any rights or powers, otherwise existing in 
any person or corporation to do any of the acts which 
the court is empowered to authorize or confirm under 
the provisions of section one of this act. 

Section 4, All jurisdiction conferred by this act on 
the orphans’ court or the court of common pleas shall 
be exercised on the petition of any party in interest 
supported by oath or affirmation; and if all proper 
parties shall not voluntarily appear as petitioners or 
respondents, the court shall fix a day for them to ap- 
pear and cause a citation to be served on all persons 
in being who shall not have appeared, and who shall 
have any present or expectant interest in the prem- 
ises, warning them to appear, and that they shall be 
heard on the day designated, and for those who ean- 
not otherwise be served, cause advertisement to be 
made in manner most likely to afford notice, and serv- 
ice made in any part of the United States and the 
territories and possessions thereof, or elsewhere, with 
oath or affirmation of the fact, taken before any judge 
or justice of the peace or notary public, or any per- 
son authorized by the laws of the United States to 
take oaths or affirmations in foreign countries, and 
filed of record, shall be good service. Service having 
been made as aforesaid, the court shall, on the day 


216 


fixed, make such decree as shall be proper in the prem- 
ises. Guardians shall be notified and appear for their 
wards; and if minors have no guardian, the court 
may appoint one for them in the manner now or here- 
after prescribed by law for the appointment of guard- 
ians, and such appointment may be made on the peti- 
tion of any party interested with notice to the persons 
who shall by law be charged with the duty of petition- 
ing for the appointment of a guardian. Committees 
and guardians shall be notified and appear for luna- 
tics, habitual drunkards and weak-minded persons, 
and in each of such cases notice shall be given to the 
next of kin. Trustees shall be notified and appear for 
the cestuis que trust, provided that cestuis que trust 
of age and sound mind, having vested interests or in- 
terests subject to a condition precedent, shall also be 
notified, and all cestuis que trust not in being or un- 
ascertained shall be represented by the trustees afore- 
said. 

Section 5. In all cases where, under the provisions 
of this act, sales, mortgages, leases, or conveyances 
on ground rent shall be authorized or directed, the 
same shall be made by executors, administrators, 
guardians, trustees, committees or owners having a 
present vested interest, or trustees appointed for the 
purpose, as the court may order. 

Suction 6. Where lands and tenements are held by 
will or otherwise, for life or pur autre vie, by any 
person or persons, with remainder to any minor or 
minors, and it shall appear to the court of the proper 
county, that it would be to the interests of such minor 
or minors that the same should be sold, in every such 
case upon the application of the tenant or tenants for 
life, or pur autre vie, as the case may be, the said 
court shall appoint a trustee to make sale of said 
lands; and the said trustee shall receive and hold the 
proceeds of such sale in trust for the parties in inter- 
est therein, and shall invest the same in investments 
authorized by law, and shall pay the interest thereof, 


217 


as it shall accrue, to the tenants for life, or pur autre 
vie, until the estate for life, or pur autre vie, shall 
have terminated, and shall then pay over the princi- 
pal sum to the person or persons entitled to such re- 
mander. 


Section 7. Every such decree made by the court 
shall have the effect as to the title authorized to be 
transferred (a) Of a common recovery to bar an es- 
tate tail or a remainder, whether contingent or to a 
class. (b) Of barring executory devises. (c) Of de- 
feating the right of the Commonwealth to forfeit real 
estate that may have been held by or for any corpora- 
tion in excess of the amount now or hereafter duly 
authorized by law, only, however, in the case where 
no proceedings to procure a forfeiture shall have been 
commenced before the filing of the petition. (d) Of 
discharging the lien of decedents’ debts not of record. 
In all cases where the proceedings shall be for the 
purpose of freeing the title of any of the limitations 
or defeasibility described in this section, that purpose 
shall be set forth in the petition in addition to the 
explanation of the title. 


Section 8. The title transferred in pursuance of any 
such decree of the court shall be such as is authorized 
in the decree, which title shall be indefeasible by any 
person ascertained or unascertained or any class of 
persons mentioned in the petition or decree and hav- 
ing a present or expectant interest in the premises 
and shall be unprejudiced by any error in the pro- 
ceedings of the court, and where security shall be en- 
tered in accordance with the provisions hereof, no 
party who shall pay over money in pursuance of the 
decree of the court shall be liable to see to the appli- 
eation thereof, or be in any manner liable for or af- 
fected by any lien of debts of a decedent not of record, 
or by any trust, limitation of, or defects in the title 
set out in the petition or decree in pursuance of which 
the money is paid over. 


218 


SecTION 9. In all cases where the court shall author- 
ize or confirm the making of a mortgage, in any of the 
cases provided for in this act, the title shall upon the 
mortgage being duly paid and satisfied of record re- 
vert to its former condition, except that nothing here- 
in contained shall operate to extend the lien of the 
debts of a decedent not of record beyond the time now 
or hereafter allowed by law, and upon legal proceed- 
ings being brought upon the mortgage or bond accom- 
panying the same as may now or hereafter be pro- 
vided by law and the title being sold at sheriff’s sale, 
in pursuance of such proceedings, the surptus pro- 
ceeds of the sale, if any, after paying the mortgage, 
with interest and all costs, and liens, which may by 
law be payable out of the fund, shall be paid over to 
the party who made the mortgage, or such other per- 
son as the court may direct or appoint for that pur- 
pose, to be held by him as part of the mortgage money 
and subject to the same liens or limitations, provided 
that the sheriff shall not pay over any such sum until 
such additional bond shall be filed as the orphans’ 
court may require under the circumstances of the case. 

Section 10. The purchase money, mortgage money, 
ground or other rents reserved or the title received 
in the case of an exchange or partition, for the title 
subject to a lien or limitation, shall be held for and 
applied to the use and benefit of the same persons and 
for the same interests, legal or equitable, present or 
future, vested, contingent or executory as the title so 
sold, mortgaged, conveyed on ground rent, let, par- 
titioned or exchanged had been subject or held except- 
ing only the case of an estate tail or the title of a cor- 
poration subject to forfeiture which in each ease shall 
by the proceedings, without the necessity of a bond 
being filed by either the corporation or the tenant in 
tail, be converted into an absolute estate in fee simple 
and all remainders, whether contingent or to a class, 
executory devises, and debts of a decedent not of rec- 
ord shall be transferred to the fund or title raised by 


alg 


the proceedings in pursuance of the decree, as to which 
fund or title they shall take effect in like manner as 
they would have taken effect as to the title transferred 
under the decree. The court shall make such order 
or orders from time to time as to the distribution or 
investment of such funds as may be requisite to pro- 
tect the interest of all persons who are or may be- 
come entitled thereto or to any part thereof. In every ~ 
ease of a sale, mortgage, lease or conveyance on 
ground rent under the provisions hereof, the purchase 
money, mortgage money, ground rent or other rents 
reserved shall nevertheless have and retain the quality 
of real estate as respects the devolution under the in- 
testate laws of the interest of any infant, lunatic, or 
person non compos mentis as whose property the land 
was sold, mortgaged, leased or conveyed on ground 
rent. ‘The court having jurisdiction may direct the 
application of such proceeds or part thereof for the 
maintenance and education of minor parties whose 
personal estate shall be insufficient for such purposes, 
or generally for the maintenance or education of par- 
ties having the like interests vested or expectant, pro- 
vided such moneys can be equally and equitably so 
apphed and without diminution of the capital that 
may of right become the property of parties having 
unbarred interests or title in remainder, or by ex- 
ecutory devise. 


Section 11. No principal moneys raised by sale or 
mortgage, as aforesaid, shall be expended for any 
other purpose than for the payment of liens upon or 
the improvement of the same real estate when mort- 
gaged, or other real estate when held for the same 
use and persons, except as provided in section ten of 
this act; and it shall be the duty of the court to decree 
the proper application of all purchase moneys and 
rents, with the aid of an auditor when deemed neces- 
sary, to the discharge of liens and to parties interest- 
ed, as and when they may be entitled. 


220 


Section 12. In all cases where an application shall 
be made to the court for a decree authorized under 
any of the provisions of this act, the court may ap- 
point a suitable person as master to investigate the 
facts of the case, and to report upon the expediency 
of granting the application and, in cases where au- 
thority is asked to make a sale or mortgage, upon the 
amount to be raised thereby; and upon such report 
being made, the court may decree accordingly. 


Section 13. In all cases where the carrying out of 
any decree of the court under the provisions of this 
act shall involve the receipt of money by the person 
carrying it out, the court shall direct the person act- 
ing under the decree to file a bond to the Common- 
wealth in a_ sufficient amount conditioned for the 
proper application of all moneys to be received, which 
bond shall inure to the benefit of all parties interested 
and be executed by two individual sureties or by one 
corporate surety, approved by the court, and before 
any such decree shall be executed, such bond, with 
sureties as may be required, shall be filed: Provided, 
That where a corporation duly authorized by law, shall 
be designated to carry out any such decree, the court 
may, in lieu of security as aforesaid, permit such cor- 
poration to enter its own bond without surety. 


Seotion 14. Whenever, by the provisions of this act, 
it shall be lawful for the court to order the public sale 
of real estate, public notice of such sale shall be given 
by the person who is to make the sale, once a week 
for a period of three weeks before the day appointed 
therefor, by advertisement in the legal periodical if 
any designated by rule of court for the publication 
of legal notices and in at least one newspaper pub- 
lished in the county, if there be one, or if there be 
none, then in an adjoining county; and in all cases, 
notice shall also be given by handbills, one of which 
shall be posted at a conspicuous place on the real es- 
state proposed to be sold, and at least three of which 


221 


shall be posted at three of the most public places in 
the vicinity of such estate. 

Section 15. Whenever, under the provisions of this 
act, the court has power to authorize or confirm a sale 
of real estate, the same may be made upon such terms 
as the court shall approve, all unpaid purchase money 
to be secured on the premises by mortgage. 

Section 16. All deeds, mortgages or leases executed 
in pursuance of any decree of the court under the pro- 
visions of this act may be acknowledged before any 
officer or person now or hereafter authorized by the 
laws of this Commonwealth to take the acknowledg- 
~ ment of deeds and other instruments of writing to be 
recorded therein. ) 

Section 17 (a) In all cases where the sale of real 
estate shall be made by an executor, administrator, 
guardian or trustee under an order of, or confirmed | 
by, the court, or where the making of a mortgage by 
such fiduciary shall be authorized by said court, and 
the letters testamentary or of administration shall be 
revoked, or the executor, administrator, guardian or 
trustee shall be removed, or shall die, or become in- 
sane, or otherwise be incapable, before a conveyance 
is made to the purchaser, or before a mortgage is exe- 
cuted and delivered, it shall be:lawful for the sucees- 
sor of such executor, administrator, guardian or trus- 
tee, having first given security, to be approved by the 
said court, for the faithful appropriation of the pro- 
ceeds of such sale, to execute and deliver to the pur- 
chaser a deed of conveyance for the estate so sold, 
on the purchaser’s full compliance with the terms and 
conditions of sale, or to execute and deliver said mort- — 
gage. If there shall be no such successor who shall 
have given security as aforesaid, the said court shall 
have power, on petition of the purchaser, to direct 
the clerk of the court to execute and deliver to the 
purchaser the necessary deed of conveyance, on his 
full comphance with the terms and conditions of sale, 
paying into court the moneys payable, and executing 


222 


and delivering to the clerk any bond and mortgage 
required by the said terms and conditions, which 
moneys and bond and mortgage shall remain subject 
to the disposition of the court; or, where the making 
of a mortgage by a fiduciary shall be authorized by 
said court, the court, under the circumstances afore- 
sald, shall have power to direct the clerk of the court 
to execute and deliver such mortgage. The lke pro- 
ceedings may be had where an executor, administra- 
tor, guardian or trustee shall neglect or refuse to exe- 
cute and deliver such deed or mortgage for the space 
of thirty days after due notice of an order of the 
eourt requiring him to execute and deliver the same. 

(6b) In all cases where the sale of real estate shall 
be made by co-executors, co-administrators, co-guard- 
ians or co-trustees under an order of, or confirmed 
by, the court, or where the making of a mortgage by 
such co-fiduciaries shall be authorized by said court, 
and if one or more of such co-fiduciaries shall be re- 
moved, or shall die, or become insane, or otherwise be 
incapable, before a conveyance is made to the pur- 
chaser, or before such mortgage is executed and de- 
livered, said court may, upon the facts being made to 
appear by petition duly verified, authorize the surviv- 
ing or remaining fiduciary or fiduciaries to execute 
and deliver to the purchaser a deed of conveyance for 
the real estate so sold, on the purchaser’s full com- 
pliance with the terms and conditions of sale, or to 
execute and deliver such mortgage. 

(c) Where authority is or shall be given by decree 
of any court to executors, administrators, guardians 
or trustees to sell real estate, and any of such exe- 
cutors, administrators, guardians or trustees shall 
have died, been removed, become insane or otherwise 
be incapable, or cease to act, before a sale is effected, 
in all such cases said court may, upon the facts being 
made to appear by petition duly verified, authorize the 
surviving or remaining fiduciary or fiduciaries to ef- 
fect such sales, with as full effect in all particulars, 


223 


as if effected or executed by the executors, adminis- 
trators, guardians or trustees in office at the time the 
sale was originally decreed. 

(d) Every sale made, and every deed or mortgage 
executed and delivered in pursuance of, and agreeably 
to the provisions of this section shall vest the prop- 
erty therein described in the grantee or mortgagee, as 
fully and effectually as if the same had been made, 
executed and delivered by all the fiduciaries to whom 
the authority to sell or mortgage was originally given. 

(e) In all cases of sales or mortgages under the or- 
der of, or confirmed by the court, the title of the pur- 
chaser or mortgagee shall not be affected by the sub- 
sequent revocation of the letters testamentary or of 
administration of the executor or administrator mak- 
ing such sale or mortgage, or by the subsequent re- 
moval of the executor, administrator, guardian or 
trustee making such sale or mortgage. 

(f) Whenever, in pursuance of proceedings in the 
court of any county, any person therein described as 
a trustee, guardian, executor, administrator, or as 
standing in any other fiduciary relation to the parties 
interested, shall grant and convey or mortgage any 
real estate, in which proceedings security shall be 
duly entered by him or her, under the order or decree 
of the court, no irregularity or defect in his or her 
original appointment, or the absence of any proper 
qualification in respect thereto, shall affect the title 
of the grantee, purchaser or mortgagee or the labil- 
ity of the sureties, but the same shall be as valid in 
all respects as if such irregularity or defect had not 
existed. 

Section 18. Whenever any court, having jurisdic- 
tion under this act to decree a sale or mortgage of 
real estate, shall issue its order to any executor, ad- 
ministrator, guardian or trustee, specially appointed 
for the purpose or otherwise, to sell or mortgage such 
real estate, and shall, in any case within its jurisdic- 
tion, give authority to any executor, administrator, 


224 


guardian or trustee, to bid at such sale, and shall con- 
firm the sale to such fiduciary or shall authorize the 
making of such mortgage to any executor, adminis- 
trator, guardian or trustee, the said court may make 
an order directing its clerk to execute a deed or mort- 
gage, as the case may be, for said real estate to such 
purchaser or mortgagee, who shall give security and 
shall account for the amount of said purchase money 
or mortgage money, in the settlement of his accounts, 
to said court. 

Section 19 (a) In all proceedings under the provis- 
ions of this act, where the real estate shall lie wholly 
within one county, the petition shall be presented only 
in the court of that county. 

(b) When an application shall be made, under the 
provisions of this act, for the sale, mortgaging, leas- 
ing or other proceedings relating to real estate, 
through which real estate the line dividing two or 
more counties runs, the court of the county in which 
the mansion house is situated, or, if there be no man- 
sion house, the court of the county where the princi-— 
pal improvements may be, or, if there be no improve- 
ments, the court of either county, may exercise juris- 
diction as to the whole of such real estate, irrespective 
of the county line; and any such sale, mortgaging, 
leasing or other decree relating to real estate, shall 
be as effectual as if the whole of such real estate had 
been within the county whereof said court has juris- 
diction. Notices of said proceedings, as required by 
this act, shall be given in all the counties in which 
the land is situated, and a certified copy of all pro- 
ceedings shall be filed in the proper court of each 
county in which said land is situated. Any mortgage 
taken to secure the purchase money, or any part there- 
of, shall be duly recorded in each of the counties in 
which said lands lie, as required by law. 

Section 20 (a) The courts of the several counties 
of this Commonwealth, in all cases where, under the 
provisions of this act, such courts have power to or- 


229 


‘der the sale of real estate, may authorize or direct a 
private sale, if, in the opinion of the court, under all 
the circumstances, a better price can be obtained at 
private than at public sale, as where the interest shall 
be undivided, or for any other sufficient cause. 

(b) Any party interested as heir, devisee or intend- 
ing purchaser, er any legatee whose legacy is, by the 
express terms of the will, or by law, charged on such 
real estate, may appear and object to such private 
sale on account of the insufficiency of the price, and, 
if such objection be sustained, may offer to give or 
pay a substantial increase for such property, and the 
eourt, at its discretion, may thereupon authorize or 
direct such sale, or refuse to authorize or direct the 
same, and accept any substantially increased offer, 
and may authorize the sale of such property to such 
new bidder upon compliance with the conditions of 
sale and giving such security as shall be directed by 
the court; or, such party interested or legatee may 
appear as aforesaid and object to such sale on any 
legal or equitable grounds: Provided, That nothing 
herein contained shall be construed to affect the ex- 
isting law with respect to objections to public sales. 

Section 21. All public sales of real estate under the 
provisions of this act shall be subject to confirmation 
by said court; but in the case of private sales author- 
ized or directed under the provisions of this act, no 
return or confirmation shall be necessary. 

Section 22. All public sales of real estate under the 
provisions of this act shall have the effect of judicial 
sales as to the discharge of liens upon the real estate 
so sold; but private sales shall not discharge the lens 
of debts of record. 

Section 23. Whenever a public or private sale of 
real estate shall be authorized, directed or confirmed 
by any court under the provisions of this act, the per- 
son or persons purchasing the real estate so sold and 
taking title in pursuance of the decree of the court, 
shall take such title free and discharged of any obli- 


226 


gation to see to the application of the purchase money. 

Srotion 24. In all cases and proceedings under this 
act, appeals may be taken to the proper appellate 
court from the orphans’ court, as now provided by 
law in other cases, and from the court of common — 
pleas, as provided in equity cases: Provided, That if 
any decree be carried into execution before the appeal 
be perfected, and written notice thereof given to any 
vendee, mortgagee, or lessee, any reversal thereof 
shall not affect the right or title of such vendee, mort- 
gagee, or lessee, but the purchase or mortgage moneys 
or rents shall stand in lieu of the premises sold or 
mortgaged, or leased, so far as thus encumbered: 
Provided, further, That before any decree be carried 
into effect to afford such indemnity, twenty-one days 
be allowed from its entry to take and perfect such 
appeal. | 

Secrion 25. This act shall be known and may be 
cited as the Revised Price Act of 1917. 

Section 26. The following acts and parts of acts of 
Assembly are repealed as respectively indicated. The 
repeal of the first section of an act shall not repeal 
the enacting clause of such act. 

Section 10 of an act entitled ‘*‘An Act cuplenat 
tary to the several acts of this commonwealth con- 
cerning partitions, and for other purposes therein 
mentioned,’’ approved April 7, 1807, P. L. 155, abso- 
lutely. 

Section 2 of an act entitled ‘‘A supplement to the 
intestate law of this commonwealth,’’ approved April 
8, 1826, P. L. 255, absolutely. 

Section 1 of an act entitled ‘An Act supplementary 
to the various acts relating to orphans’ and registers’ 
courts, and executors and administrators, and the act 
relating to the measurement of grain, salt, and coal,”’ 
approved June 16, 1836, P. L. 682, absolutely. 

Section 2 of an act entitled ‘‘A supplement to an: 
act, entitled ‘An Act relating to orphans’ court,’ ap- 
proved the twenty-ninth of March, one thousand eight 


227 


hundred and thirty-two,’’ approved March 16, 1847, 
P. L. 474, absolutely. 

Sections 1 to 5 inclusive, of an act entitled ‘‘An 
Act supplementary to an act passed the twenty-ninth 
day of March, one thousand eight hundred and thirty- 
two, entitled ‘An Act relating to orphans’ court,’ and 
relating to contracts of decedents and escheats in cer- 
tain cases, and relative to the district court of the city 
and county of Philadelphia, and to registers of wills,’’ 
approved April 3, 1851, P. L. 305, absolutely. 

Sections 1 to 8 inclusive, and Section 10 of an act 
entitled ‘‘An Act relating to the sale and conveyance 
of real estate,’’ approved April 18, 1853, P. L. 503, 
absolutely. 

Sections 1 and 3 of an act entitled ‘‘A supplement 
to an act, entitled ‘An Act relating to the sale and | 
conveyance of real estate,’ ’’ approved April 18, 1854, 
P. L. 368, absolutely. - 

Section 5 of an act entitled ‘‘An Act to amend cer- 
tain defects of the law for the more just and safe 
transmission and secure enjoyment of real and per- 
sonal estate,’’ approved April 27, 1855, P. L. 368, ab- 
solutely. 

An act entitled ‘‘A further supplement to the act, 
entitled ‘An Act relating to the sale and conveyance 
of real estate,’ passed the eighteenth day of April, one 
thousand eight hundred and fifty-three,’’ approved 
April 1, 1863, P. L. 187, absolutely. 

An act entitled ‘‘Supplement to an act, entitled ‘An 
act relating to the sale and conveyance of real estate,’ 
approved the eighteenth day of April, Anno Domini, 
one thousand eight hundred and fifty-three,’’ approved 
April 18, 1864, P. L. 462, absolutely. 

An act entitled ‘‘A supplement to an act relating to 
the sale and conveyance of real estate, approved the 
eighteenth day of April, one thousand eight hundred 
and fifty-three,’’ approved April 17, 1866, P. L. 108, 
absolutely. 


228 


Sections 1 and 2 of an act entitled ‘‘An Act relating 
to judicial sales, and the preservation of the lien of 
mortgages,’’ approved March 23, 1867, P. L. 438, ab-, 
solutely. 

An act entitled ‘‘A further supplement to an act, 
entitled ‘An Act relating to the sale and conveyance 
of real estate,’ approved the eighteenth day of April, 
Anno Domini, one thousand eight hundred and fifty- 
three, authorizing the courts to decree the leasing and 
combination of lands for mining purposes,’’ approved 
June 8, 1874, P. L. 277, absolutely. 

Section 1 of an act entitled ‘‘An Act to amend the 
second section of an act, entitled ‘An Act relative to 
the sale and conveyance of real estate,’ approved the 
eighteenth day of April, one thousand eight hundred 
and fifty-three, extending the provisions thereof to 
real estate upon which are limited vested remainders 
which are liable to open and let in after born children, 
and validating sales of real estate heretofore made by 
proceedings under said act of lands and tenements 
subject to such remainders,’’ approved June 14, 1897, 
P. L. 144, absolutely. 

Sections 1 and 2 of an act entitled ‘*‘ An Act author- 
izing the several orphans’ courts of this common- 
wealth to decree the sale, mortgaging, leasing or con- 
veyance upon ground-rent, of lands devised or held 
with remainder to a class of persons, some or all of 
whom are unborn, and to validate certain sales and 
conveyances heretofore made by decree of court in 
such cases,’’ approved June 15, 1897, P. L. 159, ab- 
solutely. 

An act entitled ‘An Act amending an act approved 
April seventeenth, one thousand eight hundred and 
sixty-six, entitled ‘A supplement to an act relating to 
the sale and conveyance of real estate,’ approved the 
eighteenth day of April, one thousand eight hundred 
and fifty-three; providing that deeds may be acknowl- 
edged before any justice of the peace, notary public, 
or other officer having authority to take acknowledge- 


229 


ment of deeds or other instruments of writing,’’ ap- 
proved April 22, 1903, P. L. 241, absolutely. 

An act entitled ‘‘An Act relating to acknowledg- 
ments of deeds; authorizing county treasurers, county 
commissioners, sheriffs, executors, administrators, 
trustees, or other persons acting in an official or rep- 
resentative capacity, where now required or author- 
ized to make acknowledgment of deeds or other instru- 
ments before justices of the peace, to make acknowl- 
edgments of deeds and other instruments before a no- 
tary public, or any officer authorized by law to take 
acknowledgments of deeds, and validating all such 
acknowledgments heretofore made before other officers 
than justices of the peace,’’ approved April 23, 1909, 
P. L. 156, in so far as it relates to acknowledgments 
of deeds or other instruments made in pursuance of 
decrees entered under the provisions of this act. 

An act entitled ‘‘An Act authorizing the several 
orphans’ courts to empower guardians of the estates 
of minors to join with the cotenants of said minors 
in effecting amicable partition of lands held in com- 
mon,’’ approved May 23, 1913, P. L. 345, absolutely. - 

An act entitled ‘‘A supplement to an act approved 
the eighteenth day of April, one thousand eight hun- 
dred fifty-three, entitled ‘An Act relating to the sale 
and conveyance of real estate,’ ’’ approved May 28, 
1915, P. L. 685, absolutely. 

All other acts of Assembly, or parts thereof, that 
are in any way in conflict with this act, or any part 
thereof, are hereby repealed. 


230 


REGISTER OF WILLS ACT | 
An Act 


Relating to the qualification, jurisdiction, powers and 
duties of registers of wills, and regulating proceed- 
ings before said registers, and the costs thereof, the 
effects of their acts, and appeals therefrom. 


Section 1 (a) Be it enacted by the Senate and House 
of Representatives of the Commonwealth of Pennsyl- 
vania in General Assembly met, and it is hereby en- 
acted by the authority of the same, That every person 
who shall be elected or appointed to the office of reg- 
ister of wills, before he shall enter upon the duties of 
the office, shall make oath or affirmation to support 
the constitution of the United States and the constitu- 
tion of this Commonwealth, and to perform the duties 
of the office of register with fidelity. 

(b) 1. He shall also, with one or more sureties, to 
be approved by the judge or judges, if there be more 
than one, of the orphans’ court of the county for which 
the register shall be elected or appointed, and also by 
the governor, give a joint and several bond to the 
Commonwealth, in a sum equal to half the sum pre- 
seribed by law for the official bond of the sheriff for 
the time being of the same county, with condition 
faithfully to execute the duties of his said office, and 
well and truly to account for and pay, according to 
law, all moneys received by him for the use of the 
Commonwealth, and to deliver up the books, seals, 
records and other writings, belonging to his said office, 
whole, safe and undefaced, to his successor in office; 
which said bond shall be for the use of all persons con- 
cerned, and for the relief of all who may be aggrieved 
by the acts or neglect of such register. 


231 


2. Every person elected or appointed as aforesaid 
shall cause the bond hereinbefore prescribed, being 
duly acknowledged by him and his sureties, before a 
_ judge of the orphans’ court of the county, to be re- 
eorded by the recorder of deeds of the county, and 
as soon afterwards as convenient, to be transmitted 
into the office of the secretary of the Commonwealth 
for custody, of which transmission he shall be entitled 
to receive the secretary’s certificate, without fee or 
reward. 


3. Copies of the record of the official bond of any 
register, acknowledged and recorded as aforesaid, and 
duly certified by the recorder of deeds for the time 
being, shall be good evidence, in any action brought 
against him or his sureties, on such bond, according 
to its form and effect, in the same manner as the orig- 
inal would be, if produced and offered in evidence. 


4. The provisions of this clause shall not apply to 
registers of wills in counties having over eight hun- 
dred thousand and. under one million five hundred 
thousand inhabitants according to the last preceding 
United States census. 


(c) Whenever letters testamentary or of adminis- 
tration shall have been heretofore, or shall be here- 
aiter granted by the register of wills of any of the 
counties in this Commonwealth, by the direction and 
in pursuance of an order of the orphans’ court, and 
conformably thereto, the said register and his sureties 
shall not be lable on the register’s official bond for 
any loss or damage which may have accrued or which 
may hereafter accrue to any person in consequence of 
the compliance of said register with the said order of 
the orphans’ court. 

Section 2. Every register shall appoint and keep a 
deputy, to officiate in his absence, for whose conduct 
he and his sureties shall be accountable; and such 
deputy shall be capable in law to take the probate of 
wills and testamentary papers, and to grant letters 


232 


testamentary and of administration, and to do what- 
ever else by law appertains to the office of register. 
SEcTION 3. Every register qualified to act, as afore- 
said, shall have jurisdiction, within the county for 
which he shall have been elected or appointed, of the 
probate of wills and testamentary papers, of the 
granting of letters testamentary and of administra- 
tion, of the passing and filing of the accounts of ex- 
ecutors and administrators, and of any other matter 
whereof the jurisdiction may be at any time expressly 
annexed to his said office; and the act of any register, 
in any matter whereof another register has the exclu- 
sive jurisdiction, shall be void and of no effect. 
Srotion 4. Wills shall be probated only before the 
register of wills of the county within which was the 
family or principal residence of the decedent, at the 
time of his decease, and, if the decedent has no such 
residence in this Commonwealth, then only before the 
register of the county where the principal part of the 
goods and estate of such decedent within this Com- 
monwealth shall be. 3 
SEecTIon 5. Any register of wills shall have power to 
revoke letters of administration granted by him when- 
ever it shall be made to appear to him that such letters 
have been granted to, or on the nomination of, per- 
sons who are not the next of kin of the decedent en- 
titled to administer, or whenever, after the granting 
of letters of administration, a will of the decedent 
shall be duly proved and admitted to probate. 
Section 6. No nunecupative will shall be admitted to 
probate, nor shall letters testamentary thereon be is- 
sued, till fourteen days after the day of the death of 
the decedent be fully expired, nor shall any nuneupa- 
tive will, at any time, be admitted to probate, unless 
process have first issued to call in the surviving spouse 
of the decedent, if any, and such of his or her rela- 
tions or next of kin as would be entitled to the ad- 
ministration of his or her estate in case of intestacy, 
to contest the same, if they please. 


230 

Szction 7. Copies of wills and testaments proved 
in any other state, territory or possession of the 
United States of America, or any foreign country ac- 
cording to the laws thereof, and duly authenticated, 
may be offered for probate before any register having 
jurisdiction, and proceedings thereon may be had, with 
the same effect, so far as respects the granting of 
letters testamentary, or of administration with the 
will annexed, as upon the originals; and if the execu- 
tor or other person producing any such copy shall 
produce also therewith a copy of the record of the 
proceedings for the probate of the original, and of 
the letters testamentary, or other authority to admin- 
ister, issued thereon, attested by the person having 
power to receive the probate of such original, in the 
place where it was proved, with the seal of office, if 
there be one, annexed, together with the certificate of 
the chief judge or presiding magistrate of the state, 
country, county or district where such original was 
proved, that the same appears to have peen duly 
proved, and to be of force, and that the attestation is 
in due form, such copies and proceedings shall be 
deemed sufficient: proof, unless.the contrary be shown, 
for the granting of letters testamentary or of admin- 
istration with the will annexed, as the case may re- 
quire, without the production or examination of the 
witnesses attesting such will. 

Section 8. The register having jurisdiction, as afore- 
said, shall, at the instance of any person interested, 
issue a citation to any person having the possession 
or control of a testamentary writing, alleged to be 
the last will and testament of a decedent, requiring 
him to produce and deposit the same in his office for 
probate; and if such person shall conceal or withhold 
such writing, during the space of fifteen days, after 
being personally served with a citation issued in the 
manner aforesaid, it shall be the duty of the register 
forthwith to certify the record of the proceeding to 
the orphans’ court of said county, and the said court, 


234 


upon petition of any person interested, shall proceed 
to enforce obedience to said citation by attachment 
as in eases of citations issued from said court? 

Ssection 9. Whenever any testamentary writing shall 
be offered for probate, or application shall be made 
for letters testamentary or of administration, before 
any register having jurisdiction thereof, such register 
shall have power to issue a subpoena, with or without 
a clause of duces tecum, to any person whose name 
may be subscribed to such testamentary writing as a 
witness, or who may be alleged to him to be otherwise 
capable of proving the due execution of such testa- 
mentary writing, or to any person who may be a ma- 
terial witness in the matter of such probate or of the 
granting of letters testamentary or of administration, 
commanding him, under a penalty of three hundred 
dollars, to appear before said register at his office, at 
a day certain, not less than five days from the service 
of such subpoena, and depose and testify what he may 
know concerning the execution of such writing or 
otherwise concerning such probate or the granting of 
letters; and if such person, being subpoenaed as afore- 
said, shall refuse or neglect to appear as commanded, 
the register shall have power to issue an attachment 
against such witness to compel his appearance, or the 
party aggrieved may have an action against said wit- 
ness to recover the said penalty, in the manner allow- 
able by law in cases of subpoenas issued to witnesses 
by the courts of common pleas. Witnesses appearing 
before the register in obedience to subpoenas as afore- 
said shall be entitled to the same fees and mileage as 
are allowed by law to witnesses in the orphans’ court. 

Section 10. On the application of any person inter- 
ested, every register shall have power to issue com- 
missions or rules to take the depositions of witnesses 
in other counties or states, or in foreign countries, in 
all cases within his jurisdiction. 

Section 11. All original wills, after probate, and the 
copies of all original wills produced under the pro- 


239 


visions of this act, shall be recorded and filed by the 
register of the respective county, and shall remain in 
his office, except when required to be had before a 
higher tribunal, by certiorari, or otherwise, and if re- 
moved for such cause, they shall be returned in due 
course to the office where they belong; and the copies 
of all the probates thereof, under the public seals of 
the courts or officers where the same may have been, 
or shall be so taken or granted respectively, except 
copies of probates of such wills and testaments as 
shail appear to be annulled, disproved or revoked, 
shall be adjudged and are hereby enacted to be matter 
of record, and good evidence to prove the gift or de- 
vise thereby made. 

- Sscrion 12 (a) Any and all person or persons who 
shall offer for probate any will or codicil, or who shall 
offer any other written or printed instrument to be 
recorded in anv register’s office in this Commonwealth, 
or to be filed in said office as required by law, which 
will, codicil or instrument shall be in any other than 
the English language, shall furnish at his, her or their 
expense, to the register, a sworn translation in Eng- 
lish of such instrument, and the register shall attach 
or cause to be attached such translation to the orig- 
inal, and file both the original and the translation of 
record in his office, in all cases where filing is now or 
hereafter may be required by law; but in all cases 
where recording is now or hereafter may be required, 
both the original and the translation in English shall 
be recorded. 

(b) The register of wills shall not file or mark filed, 
record or mark recorded, any written or printed in- 
strument in violation of this section, nor shall any 
paper filed or recorded in violation of this section be 
notice to any person in any legal proceeding whatever, 
nor be received or considered in evidence in any pro- 
ceeding at law, in equity or in the orphans’ court. 

Section 13. It shall be the duty of the registers of 
‘wills of the several counties of this Commonwealth to 


236 


record all inventories and appraisement of the estate 
of any decedent, filed in the office of the register of 
wills by the executor or administrator of any, such 
decedent’s estate, in a book to be provided for that 
purpose; and the same shall be indexed by such reg- 
ister of wills, in an index book provided for that pur- 
pose; and true and attested copies or exemplifications 
of all such inventories and appraisements, so enrolled, 
certified under the hand and seal of such register of 
wills, shall be allowed in all courts, when produced, 
and are hereby declared and enacted to be as good 
evidence and as valid and effectual in law as the orig- 
inal inventory and appraisement themselves; and the 
said register of wills shall be allowed, for performing 
such duties, the same fees as are now allowed by law 
to such officers for performing similar services. 
Section 14. It shall be the duty of every register to 
make and certify, under the seal of his office, true 
copies of all bonds, inventories, accounts, actings and 
proceedings whatsoever, remaining in his office, being 
thereunto required by any person having an interest 
therein, and to deliver the same, within a reasonable 
time, to such person applying therefor, on receiving 
the fee allowed to him by law for such copy or copies; 
and if anv register shall refuse, after the tender of his 
lawful fees, to make or deliver such copy or copies as 
aforesaid, the orphans’ court of the county may, on 
petition filed by the person so applying to the register, 
make and enforce such order upon said register as 
may be necessary to enforce his duty as aforesaid. 
Section 15. In any ease in which a last will or tes- 
tamentary paper shall have been duly proved before 
the register of wills for any county of this Common- 
wealth, and shall relate to real estate in any county 
thereof, it shall be lawful to take from the office of 
such register a copy of said will or paper and of the 
probate thereof, duly certified by such register, under 
his seal of office, to be a full and perfect copy of the 
same, and to file the said copy in the office of the 


237 


register of wills in any county in which any of the 
real estate owned by the testator may be, which said 
register shall forthwith record the said copy. And 
the record of such copy shall be, and is hereby declared 
to be, as valid and effectual in law as the original will 
or paper after probate, or its duly certified copy, or 
its record would be for all purposes of vesting title, 
of evidence and of notice. 

Like proceedings may be had at the instance of any 
party interested to obtain the certification of all sub- 
sequent proceedings appearing in the records of the 
register of wills concerning such probate. 

Section 16 (a) The probate or refusal of probate 
by the register of the proper county of any will, or 
any other paper purporting to be a will or codicil 
thereto, shall be conclusive as to all property, real or 
personal, devised or bequeathed by such will or codi- 
cil or other paper, unless, within two years from the 
date of such probate or refusal of probate, those in- 
terested shall appeal from the decree of the register 
as herein provided: Provided, That all persons who 
would be sooner barred by this section taking immed- 
iate effect shall not be thereby barred before two years 
from the date hereof. 

(b) The last will of any decedent may be offered for 
probate at anv time: Provided, That if such will shall 
not have been offered for probate within three years 
from the date of the death of the testator, the same 
shal] be void and of no effect against a bona fide con- 
veyance or mortgage of the real estate of said dece- 
dent, duly recorded before the date of the offering of 
said will for probate. 

Srotion 17. Whenever a caveat shall be entered 
against the admission of any testamentary writing to 
probate, and the person entering the same shall allege 
as the ground thereof any matter of fact touching the 
validity of such writing, it shall be lawful for the 
register, at the request of any person interested, to 
issue a precept to the court of common pleas of the 


238 


respective county, directing an issue to be formed 
upon the said fact or facts, and also upon such others 
as may be lawfully objected to the said writing, in 
substantially the following form, viz. :— 

Chios.) County, ss. The 
Commonwealth of Pennsylvania: To the judges of the 
court of common pleas of the said county, greeting: 
Whereas, A. B., on the . day of 

, 1n the year, et cetera, presented to 
G. H., our register of wills of said county, for pro- 
bate, a certain writing hereto annexed, purporting to 
have been made the day of 
in the year, et cetera, (or otherwise describing the 
paper in kuestion), which said writing the said A. B. 
avers is the last will and testament of the said C. D., 
and whereas E.. D., who is a son and heir of the said 
C. D. (or intermarried with F. D., who is a daughter 
and heir, et cetera, according to the fact), hath object- 
ed before our said register that the said writing was 
procured by duress and constraint (stating the matters 
of fact objected), and whereas the said A. B. (or E. 
D.) hath requested that an issue may be directed into 
our said court to try by a jury the validity of the said 
writing, and the matters of fact which may be objected 
thereto in our said court; therefore, we command you 
that you cause an atcion to be entered upon the records 
of our said court; as of the day of the delivery of this 
our precept into the office of the prothonotary of our 
said court, between the said A. B. and the said E. D., so 
that an issue therein may be formed upon the merits 
of the controversy between the said parties, and tried 
in due course according to the practice of our said 
courts in actions commenced by writ; and further, 
that you cause all other persons who may be interest- 
ed in the estate of the said C. D., as heirs, relations 
or next of kin, devisees, legatees or executors, to be 
warned, so that they may come into our said court 
and become party to the said action, if they shall see 
cause, and that you certify the result of the trial so 


239 


had in the premises into the office of our said register. 

Attest. G. H., Register of Wills of the said county. 

And the facts established by the trial had and certi- 
fied to the register as aforesaid, shall not be re-ex- 
amined by the said register, nor upon any appeal from 
his decision. 

SecTIoN 18. Where a caveat is entered against the 
probate of any last will or testamentary paper, or 
where there is a dispute as to such probate or as to 
the granting of letters testamentary or of adminis- 
tration, the orphans’ court of the county in which said 
will or testamentary paper has been offered for pro- 
bate or said letters testamentary or administration 
have been applied for, may, by general rule or by 
special order in the case, on the petition of the regis- 
ter of wills of said county or of anv party interested, 
direct said register to certify the entire record thereto 
pertaining to said court, which shall then determine 
whether the will or testamentary paper shall be ad- 
mitted to probate or an issue devisavit vel non be 
directed to the court of common pleas of said county, 
or whether said letters testamentary or of adminis- 
tration shall be granted, in like manner as if the said 
will or testamentary paper had been admitted to pro- 
bate, or said letters testamentary or of administration 
had been granted, by said register and an appeal been 
taken to the orphans’ court from his decree. The 
record may be thus certified at any stage of the pro- 
ceedings before the register, and after its removal to 
the orphans’ court no letters of administration pen- 
dente lite shall be granted by the register except by 
leave of the orphans’ court on cause shown by any 
party interested. 7 

Section 19. Where objections are made, or a caveat 
is entered, against the probate of any last will and 
testament, and no precept for an issue is directed by 
the register into the court of common pleas as afore- 
said, or where objections are made to the granting of 
letters testamentary or of administration to any per- 


240 


son applying therefor, or where any question of kin- 
dred or other disputable and difficult matter comes 
into controversy before any register, he may certify 
the entire record thereto pertaining to the orphans’ 
court of the county, for the determination by said 
court of such disputable and difficult matter, giving 
eonvenient notice of the time when the matter will be 
heard in said court to all persons interested. 

Section 20 (a) It shall not be lawful for any regis- 
ter of wills, having jurisdiction of the probate of wills 
and the granting of letters testamentary and of ad- 
ministration within this Commonwealth, to entertain, 
consider or regard any caveat against the probate of 
any last will and testament, or the granting of letters 
testamentary or of administration, or any appeal from 
the probate of any such will, or from the grant of any 
letters testamentary or of administration, unless such 
eaveator or caveators, appellant or appellants, shall, 
within ten days after the filing of such caveat or ap- 
peal, enter into a bond, in the name of the Common- 
wealth of Pennsylvania, with at least two sufficient 
sureties to be approved by the register, in a penal sum 
of not less than five hundred dollars and not to exceed 
five thousand dollars, as may be determined by the said 
register, conditioned for the payment of all or any 
costs which may be occasioned by reason of such 
caveat or appeal, and which may be decreed by such 
register or by the orphans’ court to be paid by such 
eaveator or appellant, which bond shall remain on 
file in the office of such register. 

(6) In ease no bond, such as aforesaid, shall be filed 
with the register within ten days after the filing of 
any caveat or appeal, as aforesaid, such caveat or 
appeal shall be considered as abandoned, and shall be 
dismissed, and proceedings may be had in all respects 
as if no such caveat or appeal had been filed. 

(c) Such registers of wills and the orphans’ court 
of the proper county, in all cases of appeal from the 
decree of the register, shall have power, and they are 


241 


hereby directed, in all cases which may be instituted 
or adjudicated before them or any of them, and in 
all proceedings which may be had upon or by reason 
of any such caveat or appeal, to determine what 
amount of costs has been incurred or occasioned by 
the proceeding, and to direct by whom such costs shall 
be paid; and when such costs or any part thereof shall 
be finally adjudged and decreed to be paid by any 
caveator or appellant, as aforesaid, any party to 
whom such costs are due and payable, or who may 
have advanced money to pay the same as the proceed- 
ings shall have progressed, may institute an action in 
the proper court upon such bond for his own benefit, 
or that of all other parties interested, and may pro- 
ceed thereon to final judgment and execution, if the 
same shall be necessary, as in other cases. 

(d) All the orders and decrees of the said register 
of wills relating to the amount and sufficiency of the 
security to be required by this section and to the tax- 
ation of costs in proceedings upon caveats and appeals 
before him, as aforesaid, shall be subject to the right 
of appeal to the orphans’ court of the proper county 
by or on behalf of any and every person, who may ap- 
pear or have appeared before him as litigants, or who 
may be affected by such order or decree. 

Section 21 (a) From all the judicial acts and pro- 
ceedings of the several registers, including all decis- 
ions granting an issue devisavit vel non in a contest 
concerning the validity of a will, appeals may be taken 
to the orphans’ court of the respective county within 
the term of two years: Provided, That any party en- 
titled to appeal may be cited by such court to show 
eause why he should not appeal within six months 
from the date of such citation, and, on the failure of 
such party to show cause, said court may make an 
order limiting the time for such appeal by said party 
to said period of six months. 

(b) No appeal from any decree of the register, con- 
cerning the validity of a will or the right to adminis- 


242 


ter, shall suspend the powers or prejudice the acts 
of anv executor or administrator to whom letters have 
been granted. 

Section 22. In counties wherein separate orphans’ 
courts are now or may be established, the said courts 
shall establish a bill of costs to be chargeable to 
parties and to estates, for the probate of wills and 
testaments, and granting of letters testamentary and 
of administration, and for all the services of the reg- 
ister of wills of such county in the transaction of the 
business of his office: Provided, That the tax to be 
paid to and received by the register for the use of 
the Commonwealth shall not be less than the sum now 
or hereafter fixed by law: And provided further, That 
in counties wherein no separate orphans’ courts have 
been or shall be established, the law as to fees to be 
charged by registers of wills shall remain as hereto- 
fore. 

Section 23. Whenever any proceedings before a 
register shall be wholly ended, and the fees and costs 
accrued thereon shall remain, during the space of 
thirty days thereafter, due and unpaid, such register 
may file a bill thereof, under his hand and the seal of 
his office, in the orphans’ court of the county; and 
upon the docketing thereof, an execution may be is- 
sued in the name of the Commonwealth, to levy the 
amount of the said bill, in lke manner as execu- 
tions may issue out of the orphans’ court to enforce 
payment of decrees of that court for the payment of 
money. ; 

Section 24. On the probate of any will, and the 
granting of letters testamentary thereon, also on the 
granting of any letters of administration, every regis- 
ter shall demand and receive for the use of the Com- 
monwealth, in each case, the sum of fifty cents. 

Section 25. This act shall be known and may be 
cited as the Register of Wills Act of 1917. 

Section 26. The following acts and parts of acts of 
assembly are hereby repealed as respectively indi- 


243 


cated. The repeal of the first section of an act shall 
not repeal the enacting clause. 

Sections 1, 2, 5 and 8 of an act entitled ‘‘An Act 
concerning the probates of written and nuncupative 
wills, and for confirming devises of lands,’’ passed 
1705, 1 Sm. L. 33, absolutely. 

Sections 14, 15 and 16 of an act entitled ‘‘An Act 
for establishing orphans’ courts,’’ passed March 27, 
17138, 1 Sm. lL. 81, absolutely. 

An act entitled ‘‘ An Act for establishing in the city 
of Philadelphia, and in each county of this state, an 
office for the probate and registering of wills, and 
granting letters of adminstration, and an office for 
the recording of deeds,’’ passed March 14, 1777, 1 Sm. 
L. 443, in so far as it relates to registers of wills. 

Section 5 of an act entitled ‘‘An Act to confer on 
certain associations of the citizens of this Common- 
wealth the powers and immunities of corporations, or 
bodies politic in law,’’ passed April 6, 1791, 3 Sm. L. 
20, absolutely. . 

Section 2 of an act entitled ‘‘A Supplement to the 
act, entitled ‘An act to establish the judicial courts 
of this Commonwealth, in conformity to the alterations 
and amendments in the constitution,’ ’’ passed Sep- 
tember 30, 1791, 3 Sm. L. 58, absolutely. 

Section 5 of an act entitled ‘‘An Act for the levy 
and collection of taxes upon proceedings in courts, 
and in the offices of register and recorder, and for 
other purposes,’’ approved April 6, 1830, P. L. 272, 
absolutely. 

Sections 1 to d inclusive, 7 to 13 inclusive, 17, 25, 31, 
32, 36, 38, 39, 42, and 438 of an act entitled ‘‘An Act 
relating to registers and registers’ courts,’’ approved 
March 15, 1832, P. L. 185, absolutely. 

Section 10 of an act entitled ‘‘An act supplemen- 
tary to an act passed the twenty-ninth day of March, 
one thousand eight hundred and thirty-two, entitled 
‘An Act relating to orphans’ courts,’ and relating to 
contracts of decedents and escheats in certain cases, 


244 


and relative to the district court of the City and 
County of Philadelphia, and to registers of wills,’’ 
approved April 3, 1851, P. LL. 305, absolutely. 


Sections 4 and 5 an act entitled ‘‘An Act for the 
preservation of the records of the courts,’’ approved 
April 19, 1856, P. L. 458, absolutely. 

Section 7 of an act entitled ‘‘An Act for the greater 
certainty of title and more secure enjoyments of real 
estate,’’ approved April 22, 1856, P. L. 532, absolutely. 

An act entitled ‘‘An Act relating to the fees and 
official bond of the register of wills in counties wherein 
separate orphans’ courts are or may be hereafter es- 
tablished,’’ approved March 24, 1877, P. L. 37, abso- 
lutely. ; 

An act entitled ‘‘An Act to provide for the record- 
ing of inventories and appraisements of decedents’ 
estates by the register of wills,’’ approved June 24, 
1885, P. L. 155, absolutely. 

An act entitled ‘‘An Act to authorize registers of 
wills and orphans’ courts to require security for costs, 
and to apportion costs in cases of caveats and ap- 
peals,’’ approved June 6, 1887, P. L. 359, absolutely. 

An act entitled ‘‘An Act to provide for the record- 
ing of exemplification of wills relating to real estate 
in the office of the register of wills for any county of 
this Commonwealth, in which said real estate is situ- 
ate, and giving to the records of such exemplifications 
the same effect as the original wills or their duly certi- 
fied copies or their records,’’ approved April 23, 1889, 
P. L. 48, absolutely. 

An act entitled ‘‘An Act requiring all public records 
within this Commonwealth to be kept in the English 
language,’’ approved May 31, 1893, P. L. 188, in so 
far as it relates to wills and other instruments of- 
fered for probate or recording in the office of the reg- 
ister of wills. 

An act entitled ‘‘An Act amending section seven of 
an act, entitled ‘An Act for the greater certainty of 
title and more secure enjoyments of real estate,’ ap- 


245 


proved twenty-second day of April, Anno Domini, one 
thousand eight hundred and fifty-six, relating to the 
time when the probate or refusal to probate a will 
sha]l be conclusive as to realty,’’ approved June 25, 
1895, P. L. 305, absolutely. 


An act entitled ‘‘An Act authorizing appeals to 
orphans’ courts from decisions of registers of wills, 
granting issues devisavit vel non in cases of contest- 
ed wills,’’? approved February 28, 1905, P. L. 26, abso- 
lutely. 

An act entitled ‘‘ An Act providing that the last will 
of any decedent, to be effective against bona fide con- 
veyances or mortgages of the real or personal estate 
of the decedent, must be offered for probate within 
three years from the date of the death of the testator, 
or before the date of the recording of such conveyance 
or mortgage,’’ approved April 1, 1909, P. L. 79, abso- 
lutely. 

An act entitled ‘‘ An Act to amend the second section 
of an act, approved the twenty-fourth day of March, 
Anno Domini one thousand eight hundred and seven- 
ty-seven, entitled ‘An Act relating to the fees and offi- 
cial bond of the register of wills, in counties wherein 
separate orphans’ courts are or may be hereafter es- 
tablished,’ by removing the restriction as to popula- 
tion of the counties affected by the act,’’? approved 
April 27, 1911, P. L. 87, absolutely. 

AJl other acts of Assembly, or parts thereof, that 
are in any way in conflict or inconsistent with this 
act, or any part thereof, are hereby repealed. 


246 


ORPHANS’ COURT ACT 
An Act 


Relating to the organization, jurisdiction and pro- 
cedure of the orphans’ courts, the powers and duties 
of the judges thereof, and appeals therefrom. 


Section 1 (a) Be it enacted by the Senate and House 
of Representatives of the Commonwealth of Pennsyl- 
vania in General Assembly met, and it is hereby en- 
acted by the authority of the same, That in every 
county of this Commonwealth, there shall continue to 
exist, as heretofore, a court of record, the name and 
stvle whereof shall be ‘‘The Orphans’ Court of (the 
respective) County.’’ 

(b) In the counties of Philadelphia, Allegheny, Lu- 
zerne, Berks, Schuylkill, Westmoreland, Montgomery, 
Laneaster, Lackawanna and Fayette, the orphans’ 
court shall be a separate court of record, which shall 
consist, in the county of Philadelphia, of five judges 
learned in the law, any one of whom may hold the said 
court, and hear and determine all matters and things 
therein cognizable, in the county of Allegheny of three 
judges learned in the law, any one of whom may hold 
the said court and hear and determine all matters and 
things therein cognizable, and in the counties of Lu- 
zerne, Berks, Schuylkill, Westmoreland, Montgomery, 
Laneaster, Lackawanna and Fayette, each, of one 
judge learned in the law; and the said judges shall be 
elected at the same elections, and be commissioned for 
the same term and in the same manner as the judges 
of the courts of common pleas of the respective 
counties where separate orphans’ courts are or shall 
be established. In the counties where separate or- 


947 


phans’ courts are or shall be established, the annual 
salaries of said judges shall be the same as are paid 
to the judges of the courts of common pleas in the 
respective counties where such orphans’ courts are 
or shall be established, to be paid in the same manner 
as the salaries of said judges of the courts of common 
pleas are now, or may be by law, payable. 

(c) The orphans’ court of each county, except in the 
counties where separate orphans’ courts are or shall 
be established by law, shall be composed of the judge 
or judges, when there are more than one, of the court 
of common pleas thereof; but any one judge learned in 
the law shall have power to hold the court, and hear 
and determine all matters and things therein cogniz- 
able. 

(d) 1. In all counties in which there is or hereafter 
may he established a separate orphans’ court, the gov- 
ernor shall issue a commission as president of said 
court, to the Judge of said court, who shall be the oldest 
in commission and continuous service; and if there 
shall be two or more judges of any of said courts, 
whose commissions are of the same date, and whose 
term of service commenced at the same time, they shall 
draw lots for a commission as president of said court, 
and certify the result to the governor, who shall issue 
a commission as president of said court to the judge 
who shall draw the right to receive the same. 

2. In all separate orphans’ courts, composed of only 
one judge, he shall be styled the president judge of said 
court, and be commissioned as such. 

3. When the president judge of any of said courts 
shall be re-elected, he shall be again commissioned as, 
and continue to be the president judge of said court; 
and when the said president judge shall go out of office, 
the judge of said court who shall be oldest in commis- 
sion and continuous service shall be commissioned as, 
and be the president judge thereof. 

4, Whenever, at any election, two or more judges of 
any of said courts are elected, who shall not have been 


248 


commissioned and served as judges of said court im- 
mediately before the commencement of the terms for 
which they were elected, they shall draw lots for prior- 
ity of commission, and certify the result to the gov- 
ernor, who shall issue the commissions of said judges 
on different days, giving the priority of commission to 
the judge drawing the right to receive the same. 

Section 2. The orphans’ court of each county, 
whether separate or otherwise, is hereby declared to be 
a court.of record, with all the qualities and incidents 
of a court of record at common law. Its proceedings 
and decrees, in all matters within its jurisdiction, shall 
not be reversed or avoided collaterally in any other 
eourt; but they shall be liable to reversal, modification 
or alteration on appeal. 

Section 3 (a@) Whenever, by reason of sickness, 
absence, interest or other cause, a judge of any separ- 
ate orphans’ court or a judge of the court of common 
pleas in a judicial district having no separate orphans’ 
court, may be unable to sit in any matter depending 
in the orphans’ court of such district, and there shall 
be no other judge of the orphans’ court or of the court 
of common pleas of such district available for the pur- 
pose, it shall be lawful for said judge to call upon any 
judge of a separate orphans’ court of any other judic- 
lal district of this Commonwealth, or any judge of the 
court of common pleas of any other judicial district 
having no separate orphans’ court, to preside in and 
determine such matter, with the same force and effect 
as he, the regular commissioned judge of such district, 
if presiding, might do. 

(6) Such judge of another judicial district called in 
as provided by clause (a) of this section shall be en- 
titled to receive as compensation for so presiding, the 
sum of twenty dollars a day and carfare, and no more. 
No payment shall be made for any day consumed in 
such service of more than expenses and carfare, unless 
said judge, so assigned, actually presides in ue court 
on such day. 


249 


Section 4 (a) The judges of the court of common 
pleas of any judicial district having a separate or- 
phans’ court shall, when called upon by the president 
judge of such separate orphans’ court, as hereinafter 
provided, have power to hear and determine, when cer- 
tified according to the provisions of clause (b) of this 
section, all matters, causes and things whatsoever, in 
such separate orphans’ court, so fully and effectually, 
and to dispose thereof in the same manner, as may be 
done by the judges of said separate orphans’ court sit- 
ting therein. 


(b) Nothing in this section shall be construed to 
make it compulsory upon the judges of said court of 
common pleas to render the services aforesaid; but 
whenever the proper despatch of business requires it, 
and an arrangement can be made with a judge of such 
court of common pleas for such service, the president 
judge of the separate orphans’ court of the said dis- 
trict may certify all matters to be heard and deter- 
mined by such judge of the court of common pleas, 
specially presiding as aforesaid. 


(c) In judicial districts having more than one judge 
of the separate orphans’ court, whenever the president 
judge of such court shall be absent from the district or 
disabled by sickness, and occasion shall occur, it shall 
be competent for the judge next oldest in commission, 
being then in the district and able to act, to arrange for 
the services herein provided for, and to make the nec- 
essary certificates in like manner and to the same in- 
tent, effect, and purpose as the same could be done 
by the said president judge. 


(d) No additional compensation shall be received 
by said judges of the court of common pleas for any 
service rendered in pursuance of this section; but they 
shall be entitled to be paid such mileage and other 
actual expenses as are provided by law for judges of 
this Commonwealth when holding court outside of the 
district for which they shall have been commissioned. 


250 


Secrion 5 (a) In addition to the powers now pos- 
sessed and exercised by the judges of the separate 
orphans’ court of this Commonwealth, said judges 
shall, when called upon by the president judge of the 
court of common pleas of the same judicial district, as 
hereinafter provided, have power to hear and deter- 
mine, when certified according to the provisions of 
clause (b) of this section, all pleas, actions, causes, 
civil or criminal issues, and all issues and other mat- 
ters in equity, in the court of common pleas, court 
of oyer and terminer and general jail delivery, and 
court of quarter sessions of the peace, for said judic- 
ial district, so fully and effectively, and to dispose 
thereof in the same manner, as may be done by the 
judges of the court of common pleas sitting in said 
courts. 

(b) Nothing in this section shall be construed to 
make it compulsory upon the judges of said orphans’ 
courts to render the services aforesaid; but whenever 
the proper despatch of business requires it, and an 
arrangement can be made with a judge of such or- 
phans’ court for such service, the president judge of 
the court of common pleas of the same judicial dis- 
trict may certify all matters or issues to be heard and 
determined by such orphans’ court judge, specially 
presiding as aforesaid. 

(c) In districts having one or more additional law 
judges, whenever the president judge shall be absent 
from the district, or disabled by sickness, and occasion 
shall occur, 1t shall be competent for the additional law 
judge, and in districts having more than one additional 
law judge, for the one oldest in commission, being then 
in the district and able to act, to arrange for the 
service herein provided for, and to make the necessary 
certificates in like manner, and to the same intent, 
effect and purpose, as the same could be done by the 
said president judge. 

(d) No additional compensation shall be received by 
the said orphans’ court judges for any service rendered 


251 


in pursuance of this section; but they shall be entitled 
to be paid such mileage and other actual expenses as 
are provided by law for judges of this Commonwealth 
when holding court outside of the district for which 
they shall have been commissioned. 

Section 6. Every orphans’ court shall have a seal 
for the use of the said court, having engraved theron 
the same device as is engraved on the great seal of the 
State, together with the name of the respective court; 
and such seal may be renewed, under the direction of 
such court, as often as occasion shall require. 

Section 7. The commissioners of the several coun- 
ties wherein separate orphans’ courts are now or here- 
after shall be established shall provide proper and suit- 
able apartments, as may be required by said courts, in 
which the business of said courts shall be held and con- 
ducted, and in which the records thereof shall be safely 
and securely kept. 

Section 8 (a) The register of wills of each county in 
which a separate orphans’ court is now or hereafter 
shall be established shall be clerk of such court and 
subject to its directions in all matters pertaining to his 
office; and he may appoint an assistant clerk or clerks, 
but only with the consent and approval of said court. 

In each county having no separate orphans’ court, a 
clerk of the orphans’ court shall be elected and com- 
missioned in accordance with the existing law. . 

(b) 1. In each county of this Commonwealth, the 
elerk of the orphans’ court shall have the custody of 
the records and of the seal of the respective court, and 
keep the same at the place of holding such court, and in 
the apartments provided by law for that purpose; and 
he shall faithfully perform, under the direction of the 
court, all the duties appertaining to his office. 

2. Said clerks are hereby authorized and required to 
keep, in dockets provided for the purpose, a full record 
of all proceedings of their respective courts, and place 
upon record, in a fair, legible hand, or in typewriting, 
in a book or hooks to be provided for that purpose, all 


202 


accounts of executors, administrators, guardians and 
trustees, as well as all reports of auditors appointed 
by said courts, respectively, omitting the testimony and 
documents accompanying the same; the fees for this 
service to be one-half of the amount now allowed by 
law for the recording of deeds. 


3. Any person who shall offer any written or printed 
instrument to be filed in any orphans’ court or in the 
office of the clerk of any orphans’ court, which instru- 
ment shall be in any other than the English language, 
shall furnish at his own expense, to the clerk of such 
court, a sworn translation in English of such instru- 
ment thus offered, and the clerk shall attach or cause 
to be attached such translation to the original and file 
both the original and the translation of record in his 
office in all cases where filing is now or hereafter may 
be required by law, but in all cases where recording 
is now, or hereafter may be, required, both the orig- 
inal and the translation in English shall be recorded. 
Such clerk shall not file or mark filed, record or mark 
recorded, any written or printed instrument in viola- 
tion ot this clause, nor shall any paper filed or re- 
corded in violation of this clause be notice to any per- 
son in‘any legal proceeding whatever, nor be received 
or considered in evidence in any proceeding at law or 
in equity. 


(c) The separate orphans’ courts of this Common- 
wealth may establish a bill of costs to be chargeable to 
parties and the estates before them for settlement, for 
the services of the clerks of said courts, respectively, 
in the transaction of business of said courts. In coun- 
ties wherein no separate orphans’ courts have been or 
shall be established, the law as to fees to be charged 
by clerks of the orphans’ courts shall remain as here- 
tofore. 


Section 9. The jurisdiction of the several orphans’ 
courts, whether separate or otherwise, shall extend to 
and embrace: 


298 


(a) The appointment, control, removal and dis- 
charge of the guardians of minors, and the settlement 
of their accounts: 

(b) The appointment of trustees for any persons 
interested in the real or personal estate of any deced- 
ent, and the control, removal, discharge and settlement 
of the accounts of trustees so appointed and of testa- 
mentary trustees, whether the testamentary trustees 
be appointed nominatim or virtute officil. 

(c) The appointment of trustees for absent persons, 
the control, removal and discharge of trustees so ap- 
pointed, and the settlement of their accounts. 

(d) The control, removal and discharge of executors 
and administrators, deriving their authority from the 
register of the respective county, and the settlement of 
their accounts. 

(e) The distribution of the assets and surplusage of 
the estates of decedents among creditors and others 
interested. 

(7) The sale of real estate of decedents for payment 
of their debts. 

(g) The disposition of the title to real estate of deced- 
ents and of persons disabled from dealing therewith 
in order to render the same freely alienable and pro- 
ductive to the living owners thereof. 

(h) The partition of the real estate of decedents 
among the parties entitled thereto, the valuation of 
such real estate, and the sale thereof for the purpose 
of distribution. 

(1) The specific execution of contracts made by de- 
cedents to sell and convey any real estate of which 
such decedent shall die seised, and of contracts made 
by decedents to purchase any real estate. 

(7) Proceedings for the collection or enforcement of 
payment or delivery of all legacies, whether pecuniary, 
specific or otherwise, and whether charged on real 
estate or not. 

(i) Proceedings for the discharge of real estate of 
decedents from the lien of debts of decedents, and for 


204 


the discharge of real and personal estate from the liens 
of legacies, annuities, dower, recognizances and other 
charges. 

(1) All eases within their respective counties, where- 
in executors, administrators, guardians or trustees 
may be possessed of or are in any way accountable for 
any real or personal estate of a decedent. 

(m) All appeals from the orders or decrees of the 
register of wills of their respective counties, and all 
proceedings removed from said registers by certifica- 
tion. 

(n) The exercise of all other powers needful to the 
doing of anything which is or may be hereafter re- 
quired or permitted to be done in said court, whether 
incidental to the powers hereinbefore enumerated or in 
addition thereto. 

And such jurisdiction shall be exercised under the 
limitations, and in the manner provided by law. 

Section 10. The several orphans’ courts shall have 
full power and authority to make, from time to time, 
such rules for regulating the practice thereof, respec- 
tivelv, and for expediting the determination of suits, 
causes and proceedings therein, as in their discretion 
thev shall judge necessary or proper for the exercise 
of the powers hereby conferred or which may hereafter 
be conferred: Provided, That such rules shall not be 
inconsistent with the constitution and laws of this 
Commonwealth. 

Section 11. The orphans’ courts of every county of 
this Commonwealth shall be held during every term of 
the court of common pleas of the respective county 
and at such other times and as often as the judges 
thereof shall think necessary or proper. 

Section 12 (a) In all cases in which heirs, legatees 
or distributees are interested, and in consequence of 
such interest, notice shall be required to be given to 
them or any of them, of any proceedings in the or- 
phans’ court, such notice shall, except in the case of 
the accounts of executors or administrators, and in 


200 


other cases specially provided for, be given in such 
manner, personally, by registered mail, or by publica- 
tion, as shall appear to the court to be reasonable and 
proper, according to general rules adopted by the 
eourt, or special orders made by the court in particular 
cases. 

(b) The judges of the respective orphans’ courts 
shall have power, and are hereby authorized to make 
_ such rules and regulations as they may deem proper 
for the publication of advertisements of notices to 
parties in all cases within their jurisdiction: Provided, 
That said court shall have supervision of and regulate 
the cost of such publication in all cases, as well as by 
special order in particular cases, as by general rules. 

Section 13. All process, subpoenas, certificates, 
copies of records and other documents, which shall be 
issued out of any of said courts, shall be attested in 
the name of the president judge thereof alone. 

Section 14. The several orphans’ courts shall have 
power to fix the return-days of all process issuing out 
of the respective courts, whenever such return-days are 
not otherwise provided for by law. 

Section 15. The several orphans’ courts of this Com- 
monwealth shall have full power in vacation to ad- 
minister the business of the court and to issue process: 
Provided, That said process shall be made returnable 
only in the county where the proceeding is pending. 

Section 16. The said courts shall have power to 
prevent, by orders in the nature of writs of injunction, 
acts contrary to law or equity, prejudicial to property 
over which they shall have jurisdiction: Provided, 
That security may be required as in other cases of 
writs of injunction. 

Section 17. The manner of proceeding in the or- 
phans’ court, to obtain the appearance of a person 
amenable to its jurisdiction, and the procedure in de- 
fault of appearance, shall be as follows: 

(a) On petition to the court of any person interested, 
whether such interest be immediate or remote, setting 


256 


forth facts necessary to give the court jurisdiction, the 
specific cause of complaint, and the relief desired, and 
supported by oath or affirmation, the orphans’ court, 
or any judge thereof, may award a citation returnable 
at a day certain, not less than ten days after the issuing 
thereof. 

(b) Such citation may be served by the party obtain- 
ing the same, or by any authorized agent, or, if re- 
quired by the party, it shall be served by the sheriff or 
coroner, as the case may require, of the proper county. 

(c) The manner of service shall be by giving a copy 
thereof to the respondent personally, or by leaving 
such copy with some adult member of his family, at 
his place of residence. 

(d) Such service may be made anywhere within this 
Commonwealth; and if such party resides outside the 
Commonwealth and his place of residence is known and 
the proceeding concerns property situate within the 
Commonwealth, the court may, in its discretion, au- 
thorize service to be made on such party personally, 
wherever found, or by registered mail, or may direct 
notice to be given by publication in such manner as 
shall appear to the court to be reasonable and proper, 
according to general rules adopted by the court, or 
special orders made by the court in particular cases. 

(e) If the respondent be not found, and have no 
known residence within the county, such citation may 
be served, in like manner, upon the person or persons 
who may be the surety or sureties of such party, in any 
bond or recognizance given by him for the performance 
of any trust or duty in respect to which such citation 
may have issued. 

' (f) The return to a citation, if made by the party on 
whose petition it issued, or his agent as aforesaid, 
shall be on oath or affirmation; and in all cases of ser- 
vice the return shall state how such citation was served. 

(g) If the party to be cited cannot be found, and 
has no known residence, and there is no surety on 
whom service of the citation can be made as aforesaid, 


201 


and the facts shall be so stated in the return on oath or 
affrmation, by the party complaining, or by some one 
competent to make affidavit in that behalf, the orphans’ 
court may award another citation or pluries citations, 
returnable in like manner with the first. 

(i) At the time of awarding such second or further 
citation, the court may make an order for publication 
of the same, in such place or places, and for such length 
of time, as the court, having regard to the supposed 
place of residence of the respondent, and other circum- 
stanees, shall direct. 


(7) 1. At the time appointed for the appearance of 
the respondent, should he not appear, according to the 
requisiton of the citation, and if due proof be made of 
the service thereof, or, when service cannot be made, of 
the publication thereof, as hereinbefore prescribed, 
the court may, with or without another citation, as 
justice may require, proceed to make such order or 
decree in respect to the subject matter as may be just 
‘and necessary. 

2. It shall be lawful for the court, on such proof, to 
order that the petition of the complainant be taken as 
confessed, and, in cases where there is personal service, 
to grant relief according to the prayer thereof. When 
there is no personal service the court shall, and when 
there is personal service the court may, in its discre- 
tion, hear testimony in support of the allegations of the 
petition, or direct a reference to a master or auditor to 
take proof of the facts and circumstances set forth in 
the petition, and to report thereon; and also to report 
an account against such respondent, if necessary. On 
the report of such master or auditor, the court shall 
make such order or decree as may be just and neces- 
sary. 

Section 18 (@) Compliance with an order or decree 
of the court may be enforced: 

1. By attachment of the person; 


2. By sequestration of real or personal property; 


258 


do. In case of a decree for the payment of money, 
against a party who has appeared, the complainant 
may have a writ of execution in the nature of a writ of 
fieri facias against personal property only, which writ 
may be allowed by the court, or by any judge thereof. 

4. Whenever any person against whom a decree for 
the payment of money has been made by any orphans’ 
court is possessed of or entitled to any stock, deposits 
or debts due him, or to any legacy or interest in the 
~ estate of a decedent, the same may be levied on or at- 
tached in satisfaction of such decree, by the same pro- 
cess and in the same manner as is now or may hereafter 
be provided by law in the case of judgments of any 
court of common pleas. <A writ of attachment for said 
purpose may be allowed by said orphans’ court, or any 
judge thereof, as writs of fieri facias in said court are 
allowed, and may be served out of the county in which 
the same may be issued; but service on the party 
against whom such decree was made shall not be re- 
quired, if he be not found in said county. 

5. Writs of testatum fieri facias may be issued out of” 
any orphans’ court, in the same manner that writs of 
execution in the nature of writs of fieri facias are al- 
lowed by this act; and the sheriff, or other officer to 
whom any such writ is directed, shall proceed to levy 
and sell the personal property of the person or persons 
against whom the same shall be issued, in the same 
manner in all respects, as if such writ had issued out of 
a court of common pleas. 

(6) 1. Writs of attachment of the person and seques- 
tration shall be directed to and executed by the sheriff 
or coroner, as the case may require, of the proper 
county. 

2. When any executor, administrator, guardian or 
trustee shall reside or move out of the county in which 
his appointment shall have taken place, or shall not 
possess real or personal estate in such county, suffic- 
ient to satisfy any decree or order of the orphans’ 
eourt of such county, it shall be lawful for the orphans’ 


259 


court of such county to issue process to the county in 
which such executor, administrator, guardian or trus- 
tee may be, or in which he may have any real or per- 
sonal estate, amenable to such process; and such pro- 
cess shall be executed by the sheriff or coroner, as the 
case may require, of the county in which such executor, 
administrator, guardian or trustee may be, or may 
possess real or personai estate as aforesaid. 

3. Writs of sequestration shall be in the following 
form: 

The Commonwealth of Pennsylvania: To the sheriff 
of the County of , greeting: Whereas, 
A. B. (here set out the decree, or so much thereof as is 
material to explain the duty to be performed). There- 
fore we command you, that you do, at proper and con- 
venient hours in the day-time, go to and enter upon all 
the messuages, lands, tenements and real estates of the 
said A. B., and that you do collect, take and get into 
- your hands, not only the rents, issues and profits of all 
his said real estates, but also all his goods, chattels and 
personal estate, and detain and keep the same under 
sequestration in your hands; and also that you attach 
all stocks held by him in incorporated companies, and 
keep the same under attachment, until our said or- 
phans’ court shall make other order to the contrary; 
and you are to return with this writ an inventory or 
schedule of the property you have sequestered or at- 
tached, and a certificate under your hand of the man- 
ner in which you shall have executed this writ, to our 
said court, on the | day of next. 
Witness, et cetera. 

4. A sequestration shall not abate by the death of the 
complainant or respondent. 

5. It shall be the duty of the sheriff or the coroner, 
as the case may be, immediately after receiving any 
such writ of sequestration, to file a copy thereof in the 
office of the prothonotary of the court of common pleas 
of the same county, who shall, forthwith, enter the 
substance thereof on his docket, with the names of the 


260 


parties, and index the saine in the judgment index; and 
the entry thereof shall theneeforward operate to charge 
the real estate of the respondent, according to the form | 
and effect of such writ, and shall bind the same in the 
hands of all purchasers and mortgagees, subsequently 
to such entry, without other notice: Provided, That if — 
such sequestration shall be dissolved by the order of 
the orphans’ court, the respondent, or any person in- 
terested in such real estate, may have a certificate of 
the same from the clerk of the said court, which it 
shall he the duty of such clerk to furnish, on applica- 
tion, and which, being entered on the docket of said 
court of common pleas, shall have the effect of a sat- 
isfaction of such lien. 

6. When proof shall be made, on oath or affirmation, 
to the satisfaction of the court, or to any judge thereof, 
at the time of filing the petition as aforesaid, that the 
respondent has absconded or is about to abscond or 
depart from his usual place of abode, to the prejudice 
of the complainant, it shall be lawful for the court, or 
for such judge, to allow the issuing of a writ of attach- 
ment of the person, or a writ of sequestration, or both, 
in the first instance, against such respondent; and on | 
the return thereof, the like proceedings may be had, as 
are authorized on the return of a citation. 

7. If such attachment of the person or sequestration 
issued in the first instance be executed, the court, or 
any judge thereof, may dissolve the same, on the re- 
spondent giving security to the satisfaction of the 
court, or of such judge, to appear on a day certain to 
answer to the petition, and to abide the orders and 
decrees of the court in the premises. 

8. Any person attached as for contempt in refusing 
to obey an order or decree of the orphans’ court, 
whether for the payment of money or in any other case, 
may be discharged from custody by said court on his 
complying with the order or decree of the court, or 
paying the money for which such order or decree has 
been made, or upon his purging himself of contempt 


261 


to the satisfaction of the court by whose order he was 
attached. : 

9. When proof shall be made, on oath or affirmation, 
to the satisfaction of the court, or of any judge thereof, 
at the time of presenting a petition, or at any stage of 
the cause, that the party therein named has in his pos- 
session trust property or effects, which he is wasting 
or otherwise disposing of contrary to his duty and the 
trust, or that he is about to abscond and to earry such 
trust property or effects out of the jurisdiction of the 
court, it shall be lawful for the court, or such judge, to 
award a writ, in the name of the Commonwealth, to 
the sheriff or coroner, as the case may require, of the 
proper county, returnable on a day certain, command- 
ing him to take possession of all such trust property 
and effects specified in such writ, and to hold the same 
subject to the order of the court, and also, to attach all 
debts due to such trust, whether by bond, mortgage or 
otherwise, and all stocks in incorporated companies, 
and serve a copy of such writ upon each debtor, and 
upon each company in which stock may be held belong- 
ing to the trust as aforesaid: Provided, That before 
the execution of such writ, the sheriff or coroner, as 
the case may be, may require of the party at whose 
instance such writ may have been issued, sufficient 
security to indemnify him against any damages aris- 
ing from the execution thereof: And provided also, 
That if the party against whom such writ may issue 
shall give sufficient security to such sheriff or coroner, 
that the trust property or effects specified in such writ 
shall be forthcoming at the return thereof, then such 
sheriff or coroner shall not execute the same, but shall 
make return of the facts to the court. 


10. The like proceedings may be had, where the court 
has made a final order and decree for the delivery of 
the trust property and effects, by the respondent, to 
any person who may be designated by law, or by the 
order of the court, to receive them. 


262 


11. On the return of such writ, the court may make 
such order respecting the disposition of such trust 
property and effects as may be necessary and proper, 
according to the principles of justice and equity. — 


12. When a decree shall have been made against any 
party who shall not have appeared according to the 
requisitions of the citation, and a sequestration shall 
have issued against the real or personal estate of such 
party, the court may order the decree to be satisfied 
out of the estate and effects sequestered: Provided, 
That such order shall not be earried into execution, 
until the complainant shall have given security, to the 
satisfaction of the court, to abide the order of the 
court, touching the restitution of what he may have 
received, in case the respondent shall appear, and be 
admitted to defend the suit; but if such security shall 
not be given, the estate and effects sequestered, or the 
proceeds thereof, shall remain subject to the direction ° 
of the court, to abide its further order. 


13. If the party, against whom such decree shall have 
been made, or his representatives, shall, within one 
year after personal notice of such decree, and within 
five years after the entry thereof, when no notice shall 
have been given, present a petition to the same court, 
praying to be admitted to be heard, and shall pay such 
costs as the court shall adjudge, the party so petition- 
ing shall be admitted to a defence, and the case shall 
then proceed, in like manner as if such party had ap- 
peared in due season, and no decree had been made. 


14. If such party, or his representatives, shall not, 
within such period, present a petition as aforesaid, the 
court may make such final order and decree, both in 
respect to any estate or effects that may have been 
sequestered and in respect to the matters in contro- 
versy in the case, as may be according to justice and 
equity; and may, if necessary, award a writ in the 
nature of a fieri facias, in the manner hereinbefore 
provided, as in the case where the party appears. 


263 


(c) Each of the orphans’ courts shall have power to 
award process, to levy and recover such fines, forfeit- 
ures and amercements as shall be imposed, taxed or 
adjudged by them respectively. 

(d) Writs of fieri facias shall be directed to, and exe- 
cuted by the sheriff or coroner, as the case may require, 
of the proper county, and the proceedings thereon shall 
be the same as on writs of fieri facias against personal 
property issued by the court of common pleas of the 
same county. | 

(e) 1. It shall be the duty of the prothonotaries of 
the courts of common pleas to file and docket, when- 
ever the same shall be furnished by any parties inter- 
ested, certified transcripts of any definitive orders of 
the orphans’ court of the same or any other county 
upon parties other than fiduciaries, to pay certain sums 
of money, which transcripts, so filed, shall constitute 
judgments, which shall be liens against the real estate 
of the persons ordered to pay from the time of such 
entry until payment, distribution or satisfaction. Ex- 
ecutions may be issued thereon out of said court of 
common pleas against the real estate only of such per- 
sons, by any party or parties interested, for the re- 
covery of so much as may be due to them respectively. 
The liens of such judgments shall cease at the expira- 
tion of five years from the time of the entry aforesaid, 
unless revived by scire facias in the manner by law 
directed in the cases of judgments of the courts of 
common law. 

In case of an appeal from the orphans’ court, the 
judgment shall be for no more than the amount finally 
decreed by the appellate court to be due; and it shall 
be the duty of the prothonotary of the common pleas, 
on such decree of the appellate court being certified 
to him, to enter on his docket the amount so found due 
and decreed by the appellate court. If such amount be 
greater than that decreed by the orphans’ court, the 
judgment for such excess shall take effect only from 
the time of entering the decree of the appellate court; 


264 


but if the amount be reduced by the final decree of the 
appellate court, the prothonotary shall reduce the 
amount originally entered on his judgment docket and 
index accordingly; and such final decree, upon appeal, 
being certified and filed in said court of common pleas, 
the said term of five years shall be counted from the 
time of such entry. 

2. When the person lable shall have fully paid and 
discharged the amount of such judgment, the parties 
who have received payment shall acknowledge satisfac- 
tion thereof, on the record of the court of common 
pleas. In ease of neglect or refusal so to do, for the 
space of thirty days after request in writing and tender 
of all the costs, the orphans’ court, on due proof to 
them made that the entire amount due from such per- 
son, according to the order of the orphans’ court, has 
been fully paid and discharged, may make an order for 
his release from such recorded judgment, which order, 
being certified to the court of common pleas, shall be 
entered on their records and shall operate as a full 
satisfaction and discharge of such judgment. 

Section 19. The fees to be taken by the sheriffs of 
each county for the services enjoined by this act 
shall be the same as those allowed for like services; 
and for executing a writ of sequestration the same 
fees shall be allowed as upon a writ of foreign attach- 
ment, together with reasonable costs and expenses, 
according to the discretion of the court. On all writs 
and process sent from another county, no mileage shall 
be allowed, except for the distance actually traveled, 
but an allowance shall be made for the transmission of 
such writs and process, to the clerk of the court from 
which they may have issued, at the common rates of 
postage. | 

Section 20 (a) Each of the orphans’ courts of this 
Commonwealth is empowered to issue writs of sub- 
poena, under its official seal, into any county of this 
Commonwealth, to summon and bring before the re- 
spective court, any person to give testimony in any 


265 


cause or matter depending before it, under the pen- 
alties that are or shall be appointed and allowed in 
any such case by the laws of this Commonwealth. 

(b) 1. In all proceedings begun by petition, where an 
issue of fact is raised, it shall be within the discretion 
of the orphans’ court, by general rule or by special 
order in the case, to provide for the reference of the 
case to a master to take the testimony and report 
his findings and his recommendations as to a decree, 
or to provide for the taking of depositions before a 
notary public or other official authorized to administer 
oaths and affirmations, or to provide for the taking of 
testimony before a judge of said court. The office of 
examiner in the orphans’ court, appointed merely for 
the purpose of taking testimony, is hereby abolished, 
except in the cases mentioned in paragraph three of 
this clause, and except in cases where, at the time of 
the approval of this act, examiners have been appoint- 
ed and are still in office. 

2. Every orphans’ court of this Commonwealth shall 
shave power to make rules regulating the taking of 
depositions of aged, infirm and going witnesses, and 
the issuance and execution of commissions to take 
testimony and letters rogatory. 

3. Where the testimony of any witness is desired to 
be read in evidence in any proceeding now or hereafter 
pending in any orphans’ court of this Commonwealth, 
and such witness resides in any other state, territory or 
possession of the United States of America, or in any 
foreign country, the court may, on the application of 
any party, provide for the taking, in such other state, 
territory, possession or foreign country, of the testi- 
mony of such witness or witnesses orally, before an 
examiner appointed by the court, or before any person 
authorized by the laws of such other state, territory, 
possession or foreign country to administer oaths. In 
granting any such application the court may impose 
such terms as it shall deem proper, as to the payment 
by the party applying therefor of the costs and ex- 


266 


penses involved, including reasonable counsel fees and 
traveling expenses, and may prescribe the notice to be 
given and the time within which such testimony shall 
be taken. | 

(c) The orphans’ court shall have power to compel 
the production of any books, papers or other docu- 
ments, necessary to a just decision of the question be- 
fore them, or before an auditor or master. 

(d) Every orphans’ court of this Commonwealth 
shall have the jurisdiction and powers of a court of 
chancery, so far as relates to the perpetuation of testi- 
mony in all cases, including cases of lost or destroyed 
records of such court, whether such records were lost 
or destroyed before or after the passage of this act, 
and the same proceedings, orders, decrees and judg- 
ments shall be had under this section, mutatis 
mutandis, as in cases now authorized by law, and with 
the like effect; and when proved, such records shall 
have the same legal operation as the original records 
would have had. Notice of any proceeding under this. 
clause shall be given to all persons interested, or their - 
guardians or committees. 

(e) 1. On appeal from the decision of any register of 
wills, or in proceedings removed from any register of 
wills by certification, the orphans’ court shail hear the 
testimony de novo, unless all parties appearing in the 
proceedings shall agree that the case shall be heard on 
the testimony taken before such register: Provided, 
That in all cases the court shall have power to require 
the production before it, for examination, of the wit- 
nesses already examined, or of any other witnesses. 

2. The testimony of all witnesses examined in any 
cause litigated before any orphans’ court on appeal 
from any register of wills, or on removal from any 
register of wills by certification, shall be taken in writ- 
ing and made a part of the proceedings therein, upon 
which testimony the court having jurisdiction of such 
cause by appeal may affirm, reverse, alter or modify 
the decree of the orphans’ court. | 


267 


Srorton 21 (a) The orphans’ court shall have power 
to send an issue to the court of common pleas of the 
same county for the trial of facts by jury, whenever 
they shall deem it expedient so to do. 

(6) Whenever a dispute upon a matter of fact arises 
before any orphans’ court, on appeal from any register 
of wills or on removal from any register of wills by 
certification, the said court shall, at the request of 
either party, direct a precept for an issue to the court 
of common pleas of the county for the trial thereof, 
which, in the case of an issue devisavit vel non, shall 
be substantially in the following form: (L. 8.) 

County, ss. The Commonwealth of Pennsylvania: To 
the judges of the court of common pleas of the said 
county, greeting: Whereas, A. B., on the day of 

, in the year, et cetera, presented to G. H., our 
register of wills of said county, for probate, a certain 
writing hereto annexed, purporting to have been made 
the day , In the year, et cetera, (or otherwise 
describing the paper in question), which said writing 
the said A. B. avers is the last will and testament of the 
said C. D., and whereas E. D., who is a son and heir of 
the said C. D. (or intermarried with F. D., who is a 
daughter and heir, et cetera, according to the fact), 
hath objected before our said register that the said 
writing was procured by duress and constraint (stating 
the matters of fact objected), and whereas our said reg- 
ister hath admitted (or refused to admit) said writing 
to probate as the last will and testament of the said C. 
D., and whereas the said K. D. hath appealed from the 
decree of our said register to our orphans’ court for 
the said county (or as the case may be) and whereas 
the said E. D. (or A. B.) hath requested that an issue 
may be directed into our said court of common pleas to 
try by a jury the validity of the said writing, and the 
matters of fact which may be objected thereto in our 
said court; therefore, we command you that you cause 
an action to be entered upon the records of our said 
court, as of the day of the delivery of this our precept 


968 


into the office of the prothonotary of our said court, 
between the said A. B. and the said E. D., so that an 
issue therein may be formed upon the merits of the 
controversy between the said parties, and tried in due 
course according to the practice of our said courts in 
actions commenced by writ; and further, that you 
cause all other persons who may be interested in the 
estate of the said C. D., as heirs, relations or next of 
kin, devisees, legatees or executors, to be warned, so 
that they may come into our said court and become a 
party to the said action, if they shall see cause, and 
that you certify the result of the trial so had in the 
premises into our said orphans’ court. Attest. I. J., 
President Judge of the said Orphans’ Court of the 
said county. 

Where the issue directed is other than an issue devis- 
avit vel non, the foregoing form shall be changed, so 
far as necessary, in accordance with the circumstances 
of the case. | 

And the facts established by the verdict returned 
shall not be re-examined in any appeal. 

(c) 1. Before an issue shall be directed upon the 
distribution of money arising from any sale of real 
estate made under order of the orphans’ court, the ap- 
plicant for such issue shall make affidavit that there 
are material facts in dispute therein, and shall set forth 
the nature and character thereof, upon which affidavit 
the court shall determine whether such issue shall be 
granted, subject to appeal by such applicant, if the 
issue be refused, in like manner as in other cases in 
which such appeal is or may be allowed by law. 

2. Upon granting any such issue, it shall be discre- 
tionary with the court, upon the application of the 
party or parties appearing, by the record, prima facie 
entitled to the said fund, to order the same to be in- 
vested, pendente lite, in investments allowed by law in 
the case of trustees. 

Section 22 (a) Any party aggrieved by the definitive 
sentence or decree of any orphans’ court, or his legal 


269 


representatives, may appeal therefrom to the proper 
appellate court within six months from the time of 
pronouncing such final sentence or decree: Provided, 
That no appeal from any decree of such court, con- 
cerning the validity of a will, or the right to administer, 
shall suspend the powers or prejudice the acts of any 
executor or administrator to whom letters have been 
granted: and Provided further, That no reversal or 
modification of any decree or proceedings of the or- 
phans’ court, for the sale of real estate, shall have the 
effect of divesting any estate or interest acquired under 
such decree or proceeding, by persons not party there- 
to, where the orphans’ court had jurisdiction of the 
case. 


(6) The supreme and superior courts of this Com- 
monwealth shall, in all cases of appeal from the de- 
finitive sentence or.decree of the orphans’ court, hear, 
try and determine the same as to right and justice 
may belong, and decree according to the equity there- 
of; and may refer the same to auditors when, in their 
discretion, they may think proper. 

Section 23. This act shall be known and may be 
cited as the Orphans’ Court Act of 1917. 


Section 24. The following acts and parts of acts of 
assembly are repealed as respectively indicated. The 
repeal of the first section of an act shall not repeal the 
enacting clause of such act. 


Sections 1, 8 and 9 of an act entitled ‘‘An Act for 
establishing orphans’ courts,’’ passed March 27, 1718, 
1 Sm. L. 81, absolutely. 

Sections 5, 6 and 18 of an act entitled ‘‘An Act to 
establish the judicial courts of this Commonwealth, 
in conformity to the alterations and amendments in the 
constitution,’’ passed April 18, 1791, 3 Sm. L. 28, abso- 
lutely. 

Section 24 of an act entitled ‘‘An Act directing the 
descent of intestates’ real estates, and distribution of 
their personal estates, and for other purposes therein 


270 


mentioned,’’ passed Apvil 19, 1794, 3 Sm. L. 143, abso- 
lutely. 

Sections 40, 41 and 42 of an act entitled ‘‘An Act 
relating to registers and registers’ courts,’’ approved 
March 15, 1832, P. L. 135, absolutely. 

Sections 1 to 4 inclusive, 52, and 55 to 60 inclusive 
of an act entitled ‘‘An Act relating to orphans’ 
courts,’’ approved March 29, 1832, P. L. 190, abso- 
lutely. 

Sections 52 to 57 inclusive of an act entitled ‘*‘ An 
Act relative to the organization of the courts of jus- 
tice,’’ approved April 14, 1834, P. L. 341, absolutely. 

Section 4 of an act entitled ‘‘Supplement to the act 
passed the twenty-ninth day of March, Anno Domini, 
one thousand eight hundred and thirty-two, entitled 
‘An Act relating to orphans’ courts,’ ’’ approved April 
14, 1835, P. L. 275, absolutely. 

Section 2 of an act entitled ‘*An Act supplementary 
to the various acts relating to orphans’ and registers 
courts, and executors and administrators, and the act 
relating to the measurement of grain, salt, and coal,”’ 
approved June 16, 1836, P. L. 682, absolutely. 

Section 19 of an act entitled ‘‘ An Act relating to the 
jurisdictions and powers of courts,’’ approved June 16, 
1836, P. L. 784, absolutely, and Sections 21 and 22 
of the same act in so far as they relate to the orphans’ 
court. 

Section 8 of an act entitled ‘‘An Act to confer upon 
the orphans’ court of Lancaster County certain powers 
in relation to the real estate of John Lindemuth, de- 
ceased, and for other purposes,’’ approved April 4, 
1843, P. L. 131, in so far as it relates to the orphans’ 
court. 

Sections 2 and 3 of an act entitled ‘‘ An Act relative 
to hen creditors becoming purchasers at judicial sales, 
and for other purposes,’’ approved April 20, 1846, P. L. 
411, in so far as they relate to the orphans’ court. 

Section 2 of an act entitled ‘‘A further supplement 
to an act, entitled, ‘An Act relating to executions,’ 


21 


passed the sixteenth day of June, one thousand eight 
hundred and thirty-six,’’ approved April 21, 1846, P. 
L. 430, absolutely. 


Section 18 of an act entitled ‘‘ An Act relating to the 
bail of executrixes; to partition in the orphans’ court 
and common pleas; to colored convicts in Philadelphia; 
to the limitations of actions against corporations; to 
actions enforcing the payment of ground rent; to 
trustees of married women; to appeals from awards of 
arbitrators by corporations; to hawkers and pedlers in 
the counties of Butler and Union; to the payment of 
costs in actions by informers in certain cases; to taxing 
lands situate in different townships; and in relation to 
fees of county treasurers of Lycoming, Clinton and 
Schuylkill; to provide for recording the accounts of 
executors, administrators, guardians and auditors’ re- 
ports; and to amend and alter existing laws relative 
to the administration of justice in this Common- 
wealth,’’ which became a law April 25, 1850, by reason 
of the Governor’s failure to return it within ten days, 
P. L. 569, absolutely. 


Section 1 of an act entitled ‘‘An Act relating to of- 
ficial seals,’’ approved March 6, 1854, P. L. 155, in so 
far as it relates to the orphans’ court. 


An act entitled ‘‘ An act relative to the perpetuation 
of testimony in cases of lost records,’’ approved April 
1, 1863, P. L. 205, absolutely. 

Sections 2, 3, 4, and 6 to 10 inclusive of an act en- 
titled ‘‘ An Act relating to the organization and juris- 
diction of orphans’ courts, and to establish a separate 
orphans’ court in and for counties having more than 
one hundred and fifty thousand inhabitants, and to 
provide for the election of judges thereof,’’ approved 
May 19, 1874, P. L. 206, absolutely. 


An act entitled *‘An Act authorizing the holding of 
orphans’ courts by other than the regularly commis- 
sioned judges in certain cases,’’ approved March 4, 
1875, P. L. 5, absolutely. 


oo 


202 


An act entitled ‘‘An Act relating to orphans’ 
courts,’’ approved March 18, 1875, P. L. 29, absolutely. 

An act entitled ‘‘An Act authorizing the president 
or additional law judges of the courts of common pleas 
to hold courts of quarter sessions, and oyer and ter- 
miner and orphans’ courts, in certain cases,’’ approved 
April 7, 1876, P. L. 19, in so far as it relates to the 
orphans’ court. 

An act entitled ‘‘ An Act to provide for the appoint- 
ment of a president judge of the separate orphans’ 
courts, and to provide for. the commission thereof,’’ 
approved May 24, 1878, P. L. 181, absolutely. 

An act entitled ‘‘An Act to regulate the compensa- 
tion of auditors and commissioners,’’ approved June 4, 
1879, P. L. 84, in so far as it relates to auditors and 
commissioners appointed by the orphans’ court. 
An act entitled ‘‘An Act to amend section three of 
the act of assembly of May nineteenth, one thousand 
eight hundred and seventy-four, entitled ‘An Act re- 
lating to the organization and jurisdiction of orphans’ 
courts, and to establish a separate orphans’ court in 
and for the counties having more than one hundred and 
fifty thousand inhabitants, and to provide for the elec- 
tion of judges thereof, fixing the salaries of judges of 
separate orphans’ courts,’ ’’? approved June 13, 1883, 
P. L. 91, absolutely. | 

An act entitled ‘‘An Act relative to the transfer of 
orders and decrees for the payment of money for the 
purpose of lien and execution into other counties than 
those where they were originally rendered,’’ approved 
June 9, 1885, P. L. 78, in so far as it relates to orders 
and decrees of the orphans’ court. 

An act entitled ‘‘ An Act relative to the granting of 
citations and rules to show cause, by the courts of this 
Commonwealth,’’ approved May 7, 1889, P. L. 102, in 
so far as it relates to the orphans’ court. 

An act entitled ‘‘An Act requiring all public records 
within this Commonwealth to be kept in the English 
language,’’ approved May 31, 1893, P. L. 188, in so 


273 


far as it relates to papers filed or recorded in the or- 
phans’ court or the office of the clerk thereof. 

An act entitled ‘‘An Act to authorize the judges of 
separate orphans’ courts to hear and determine pro- 
ceedings in equity, at the request of the judges of the 
common pleas,’’ approved April 18, 1905, P. L. 208, 
absolutely. 

An act entitled ‘‘An Act authorizing the parties 
in interest, or their counsel, to select auditors and 
masters needed in judicial proceedings; except in 
divorce cases,’’ approved April 1, 1909, P. L. 95, in so 
far as it relates to proceedings in the orphans’ court. 

An act entitled ‘‘ An Act to provide for the taking of 
testimony to be used in any of the civil courts of record 
in this Commonwealth of witnesses residing in any 
other state or in any foreign country,’’ approved June 
8, 1911, P. L. 709, in so far as it relates to the orphans’ 
court, 

An act entitled ‘‘ An Act to authorize the judges of 
separate orphans’ court, at the request of the judges 
of the common pleas, to hear and determine all issues 
in the court of common pleas, courts of oyer and ter- 
miner and general jail delivery, and courts of quarter 
sessions of the peace,’’ approved July 19, 1913, P. L. 
844, absolutely. 

An act entitled ‘‘ An Act to authorize the judges of 
the courts of common pleas, of judicial districts having 
separate orphans’ courts, to hear and determine all 
matters in such courts, at the request of the judges 
thereof,’’? approved April 21, 1915, P. L. 156, abso- 
lutely. 7 

All other acts of Assembly, or parts thereof, that 
are in any way in conflict with this act, or any part 
thereof, are hereby repealed. 


INTESTATE ACT. 


TABLE OF CONTENTS. 


PAGE 


SEcTION 1. Surviving spouse and issue: 
(a) Surviving spouse and one child or descendants of 
OU GECOII Cereal tis ea fa basitiecierecd § oS 66 baie 
(b) Surviving spouse and more than one child or des- 
cendants of more than one child .............. 
SEcTION 2. Surviving spouse and no issue but collateral heirs: 
(a) Allowance of five thousand dollars and one-half of 
POTN TYING COLA LO hal Gosia) o hIstieoe oie a eiadd ens 0d 6 Sl oes bse 
(bo) Appraisement and appraisers ..............20200, 
(c) Confirmation of appraisement ................208. 
(d) Allowance out of real estate valued at more than 
fives imousandcdollarssook.. se wkicue hie es oes os 3 "4 
(al) 2 iiae- toe SUCH TPA! o OBCALO3s:.08 OSS ear RE) on dace 
(f) Rents, income, interest and dividends of property 
SOC PAD AL GOP torent dC. Als Oe ce ook sitlad bie d ob Sab pare 
(9) eal estate in another? county.: 2 oo. 6. ies 06 oo sine 
(h) Certified copy of decree to be recorded and regis- 
RECO ys Leta, Siscire ee ie Stale 2 thee RES ORE deus 
SrecTION 38. Widow’s share in lieu of dower; share in lands 
aliened by husband and in estate in remainder... 
SEcTIoN 4. Surviving husband’s share in lieu of curtesy; share 


SEcTION 5. 


SECTIGN 6. 
SECTION 7. 


SECTION 8. 
SECTION 9. 
(a) 
(b) 
(c) 


(a) 


TTS CHCACES By PEMIAING ON © 525 Fe. a'e ood sas eds ele dere oe els. 
Husband’s right barred by refusal to provide for 

Wile we Orly VCR OPEtGits cts ck oaivice i a see i ee 
Widow’s right barred by desertion..............-. 
Issue: 


Descendants in same degree of consanguinity...... 
Descendants in different degrees of consanguinity: 
PRONAPEStOR CHUGION Ss, fasts se ho Hodis het whined fle 
Zameital GS. OF ETanacnilarery 2. oe ed cca eee tes 
3. Issue taking by representation ............. 
LEGS aT SR Lop Da MNT 6 Ee os Pel OD i Or Me SS ne Ge Bae 9 We PP he 
Collateral heirs: 
FHPOLBOCTS CRG, “AISTEES ino ce Aeatia aes teak wks Weer) io ow arenes 
NOpREWS SANG TTIGEES ST las Soa ek teed fb SE a Uinta en 
Children of deceased brothers or sisters, taking by 
FEDTESOULACION ie pit iis wa Watts Cs teak wineare hacks 
Descendants of brothers or sisters................ 


(275) 


14 


14 


20 
20 
20 
20 


20 
20 


21 
21 


Sucrion 102 Next Of Kino: tiasconies cea sie ei i eee ee 22 
Section 31. Limits of representation ie) 07.0% 2.5) os oleae secre ee a 22 
SECTION 12. Grandparents and issue of deceased grandparents: 
(a) Children of deceased grandparent................. 22 
(ob) Grandchildren of deceased grandparent........... 22 
(c) Descendants of deceased grandparent in same de- 
gree of CONSANSUINITY) More we eels. woe Pek eateries 22 
(d) Descendants of deceased grandparent in different 


SECTION 
SECTION 
SECTION 


SECTION 


SEcTION 


SECTION 
SECTION 
SECTION 
SECTION 
SECTION 
SECTION 


SECTION 
SEc'TION 


SECTION 
SECTION 
SECTION 


13. 
14. 
15. 
(a) 


(bd) 


(c) 
(d) 
16. 
(a) 


(b) 


17. 
(a) 
(db) 

18. 

19. 

20. 

on 

O26 

23. 


24. 
25. 


26. 
27. 
28. 


degrees of consanguinity: 


1. Children of deceased grandparent.......... 23 
2. Grandchildren of deceased grandparent..... 23 
3. Issue taking by representation............. 23 
Rule as to blood of first purchaser abrogated...... 23 
Foregoing provisions apply only to legitimates.... 24 
Illegitimates: 
Inheritance as between mother, grandparents and 
Child. oF. a Ee ee ee eee 24 
Inheritance as between children, legitimate and il- 
legitimatevac eto een ee eee > sieinigiea ess sak 24 
Legitimation as to mother but not as to father..... 24 
Legitimation by marriage of parents.............. 24 


Adopted children: 

Inheritance as between adopted person and adopting 
Parents < si Wels eR Ce ee eee ee eee 24 

Inheritance as between adopted person and adoptive 
relatives; natural kindred of adopted person ex- 


Cludéd Jas ent do oe eee wees! cee eee Le an ee eee 25 
Surviving spouse and no known heirs or kindred: 
Rights) of Survivin espouse v7. sss cite eee 25 
Procedure... 44 balers Wate CRUE ie de ee ee 25 


Estates passing to persons entitled under the act.. 27 
Persons in same degree of consanguinity take equally 27 


Posthumoustchildten @. fen. ee ee eee 27 
Limitationsotfe claims). a. 6 seers cee eee ee 27 
AGVANncemMents secs sors es Bs eG eee ee ee _ 28 
Person adjudged guilty of murder not to inherit 

from murdered pnersonss... su atee fe. hoe cee 28 
WSCHORE VE itt na or aera ee Baek tis aa NR, Bs ce ee 28 . 
Act not to apply to personal estate of intestate dy- 

ing domiciled outside the Commonwealth....... 28 
Short, tithe ;eection? * mete ay Ue ee ait eee eee 28 
When, act. shall go into, operation: (02. 2... 447 e 29 


PAGE 
SEcTION 1. Who may make wills and what may be disposed of 35 
SECTIONS) 2a FE Orit ANG eXeCCULION Of VWiIlIS 4 i yee co o-e.0rtis jets di 35 
SECTION 3. Execution of wills by mark or cross ............-. 36 
Section 4. Nuncupative wills: 
(a) When and where to be executed................. 36 
(0) Requisites where bequest is over $100............ 36 
(c) Proof after expiration of six months .............. 36 
SEcTION 5. Wills of mariners and soldiers ................... 36 
SECTION 6. Bequests and devises for religious and charitable 
DEE FWA Cee Ek SU ge are Or PRT gem ROS eR anaes 36 
SEcTION 7. Emblements, crops, rents and periodical payments 
accruing to tenants for life and others.......... 37 
Section 8. Testamentary guardians: 
CEA ODGEIUIDCT US DY sLitbLLeli~. cmiccs cuseecn ire a oinoergis- coin ware! 6 are 37 
COMA DDOINILINGI Ce DY sINOLICE ati. vic. ati fo tala teres ete ayes oo 8 37 
(c) Forfeiture of right by neglect of parental duty ..... 38 
SEcTION 9. Will to be construed as if executed immediately be- 
TOrer CO CAtNeOLeCOStRLOlane bcc sna sie elas iets a dane cs 38 
Section 10. After acquired real estate to pass by general devise. 38 
SEcTION 11. General devise or bequest to operate as execution of 
rPoneral power-off appointment ..../.. 263 6... eee ere 38 
SEcTION 12. Devises of real estate to pass whole estate of testator 39 
SEcTIoN 13. Devise of real estate in fee tail construed as estate 
Tie COMSIIN DlOie ea. cor ie AS oe eros ot a aard Saker a eee 39 
SEcTION 14. Construction of ‘die without issue” and _ similar 
DU LASS See cee ee wish oe bests 2 tacete os hic eae ee eae eee 39 
SEcTION 15. Lapsed and void devises and legacies: 
(a) Devise or legacy in favor of lineal descendants not 
Ciel aS Ty Ve OC CALM ar. ley hy tara eae arcana ees ove We ore 39 
(0) Devise or legacy in favor of brothers and sisters and 
their children not to lapse by death in certain 
CUS Cate rane cee aie cence Sate osc fecg tere aah oaks opel Cala Sats ee a 39 
(c) Lapsed and void devises and legacies to fall into 
residue; provisions where such legacies and 
devises are contained in the residuary clause.... 40 


Wile en li. 


TABLE OF CONTENTS. 


(277) 


SECTION 16. 


(a) 
(db) 
SECTION 17. 


SECTION 18. 
SEcTION 19. 


SEcTION 20. 
(a) 
(db) 


SECTION 21. 
SECTION 22. 


SECTION 23. 


(a) 


(b) 
(c) 
(d) 
(e) 


SECTION 24. 
Section 25. 


SECTION 26. 
SECTION 27. 


278 


PAGE 
Devise or legacy to children to include adopted 
children: 


Children adopted by testator...........c0seeeeeee - 40 
Children adopted by devisee or legatee.........-.. 40 
Pecuniary legacies to be charged on residuary real 
State: fin ees. Weta ae nna aie elaen cache eae as a veteeee ate 41 
Devises of real estate subject to mortgage......... 41 
Spendthrift trusts; income to be liable for main- 
tenance of wife and minor children............. 41 
Revocation of wills: 
"Wills of lands. 22s fits swim Rts kee aleve eens + = estan ee 41 
Wits'“of “DSETSOTIAHY J e025 oy sere chaectat cate tersae.s, witeahntee Ne 42 
Revocation of wills pro tanto by subsequent mar- 
riage:‘or birth*ot children. 2.7; 8.4% 32.32. eee 42 
Forfeiture of rights by devisee or legatee who 
murders the testator 226 eee ae ee eos 42 
Election to take under or against wills: 
Right of surviving spouse to elect to take against 
will of deceased Spouse? ..% </on Wieccc sees slccuus ok 42 
How election to be manifested and within what time 43 
No payments to be required before election......... 43 
Surviving spouse may be cited to make election.... 43 
Election of surviving spouse or decree of court 
where there is a failure to elect to be recorded 
and” fled 7%. es oes sie ed pa eee cs etn ee 43 
Act not to apply to wills of personal estate executed 
by testator domiciled without the commonwealth 44 
Short “titte section: c 38 secu cere segs ce es 44 
When act shall go into operation................. 44 
ROPGRIET KPO Ee as lietie Ur oe eee aaa eee ote At ee 44. 


FIDUCIARIES ACT. 


TABLE OF CONTENTS 


PAGE 
Section 1. Definition of “fiduciary”........... Rae itn Steg be coves OO 
SEcTION 2. Granting of letters testamentary and of administra- 

LIQT Ee ee res he CAR miele Gis wk me eee ead iE Sie 50 
{Ue sUrISOICUION OF FCRISUER. 232)... cece ees s ear peta OU 
(0) Letters not to be granted after twenty-one ones 
except on order of court............ Non oes see 100 
(c) Who entitled to letters of administration.......... 50 
Cay Petition for letters so. we elses 's ce bee oe ales > 2 ROLE 
Section 38. Letters of administration c. t. a. and d. Bb. m...... eek 
C@laGrantineg: OFelectel, G50 bei Ged oon baa. cde ah ae cle bas 5 6M 51 
(0) Granting of letters d. BD. n. C. Edi. cc sce e cece eeces 51 
CoseGranting of letters (ds 05 tie 3 eh iad sae Vs ete Malas Me ube 
(d) Powers of executors extended to administrators 
Cathe ee Pe Te GS a KAMAE 6 oh oes Ces Lees Hane pa ee OS 52 
(e) Powers of administrators d. DBD. N.......-ccscvecces 52 
SecTIoN 4. Granting of letters durante minoritate, durante ab- 
sentia, and pendente lite .............0ccc0e0. . 68 


Section 5. Acts of administrator or executor not to be im- 
peached although will, or later will, be discovered 53 
Secrion 6. Presumed decedents.........cscccescceccccecccsece 53 
(a) Petition and advertisement. ...... 0... ccc cc cece 53 
(0) Petition and advertisement as to ancillary letters.. 64 

(c) Hearing by court or by examiner and master; com- 


DOLENCY = OLA WILNGSSERa sn 4k ps oo 0 bes Wibeeeeies . 55 
(d@) Decree that presumption of death is made out, and 
advertisement. therdoti gos es Ossi thee ck wes 55 
(e) Confirmation or vacation of decree..............- 55 
(f) Effect as to real estate; title of purchaser; bond ne 
party selling or conveying...............5. Saas SLOG 
(g) Administration and distribution of estate......... 57 
(nr) Refunding bonds; appointment of trustee on re- 
fusal, neglect or inability to give bond.......... 57 
(i) Vacation of decree; effect as to acts done.......... 58 
(j) Intervention in actions by person erroneously sup- 
posed to be dead; opening of judgments........ 58 
(kK) Procedure where will, or later will, is produced 
after letters have been granted................ 59 


(279) 


280 


PAGE 
(1) Citation by register to parties interested........... 60 
(m) Probate of will, or later will, revocation of letters 
and granting of new letters. .6.......0---.s-ece0s 60 
(n) Payment of costs...... 1a ae date Son's oMaac aes ale eer ee 61 
SecTIoN 7%. Oaths of executors and administrators............. 61 
(a) “Form of joath eee wie nl eee ieee ries io ie nes 61 
(b)Oath- by. officerzofcorporationve.+)....nu) cee aa nee 61 
SecTION 8. Bonds of administrators and executors......... EERE 
(a)° form, ofsbond. ot administrator. wei ese. te ee a 61 
(0). Bond {of administrator 0. 2 Gee wnt. at erento ee one 63 
(c) Form of bond of non-resident executor............ 63 
(d) Grant of letters without bond; liability of register 
Chew lis 2 SUl eo ates ee ae em Bn ue ee eR 64 
(€) Bond of executor or administrator of deceased fidu- 
CLAY, 2 )> «avs, 9 > woe cialis 1c J eialebatetntah’ wustaehl bre carta wee ie eae 64 
(f) exceptions .to AbONndS< Bec chece ciepet- hevietokas sions ite eee 64 
SEcTION 9. Bonds of fiduciaries in general..................- 65 
(a) Suits on bonds is3c ac hs hee cere Rte clas Cee ee 65 
(bd) sReduction of" bonds 5.2 32 see oe Be ee ee 65 
(c) Expense of obtaining bond of corporation.......... 66 
SEcTION 10. Advertisement of granting of letters.............. 66 
SecTION 11. Inventory and appraisement.............cceeeeees 66 
(a) Inventory to be filed in thirty days................ 66 
(6) Procedure to compel filing of inventory............ 67 
(c) Bonds, notes, other evidences of debt, all claims and 
demands for money and other personal property 
to be included in inventory.” ..6 sec aes eee 67 
(d) Debt due by executor not released by appointment, 
and. tobe inclided-in) inventory. 3: 2252. yake ... 67 
(e) Rents due to tenant for life to be included in in- 
VOTILODY. bisa hay 2 eee ER re oe te al ere 67 
(f) Arrearages of rent-charge, or other rent or reserva- 
tion to be included in inventory: .s.%2%.....43..., 68 
(g) Estates in land for life of another to be included 
in‘sinvVentoryo.i2s Se. ek oaks cea Cea ae 68 
(h) After-discovered property to be inventoried....... 68 
(1) Appraisement; oath of appraisers............ ied es 
(7) Notice of:appraisement; return: .%u.s5.4.8. 280. />. 68 
(%) Compensation ,of anpraisers.t7a: woes iki oe ene 69 
SECTION 12. Widows and children’s exemption................. 69 
(a) Claim and appraisement or setting apart; appoint- 
ment*sof- appraisers, b¥acourte... cians see ee 69 
(b) Liens for purchase money of real estate not to be 
affected awa Sau cnet aah see ee PEM .5 Gade ang 70 


(c) 


eoeeoeree er eee eee se 


981 


PAGE 


(d) Advertisement or notice; confirmation and filing 
of appraisement; payment of expenses of adver- 
LISEIMNON HLOTATOLI GC aekiic eel we a tate eK wi ecotsi dels are 

(eyehixemption. tociminor childrencs..e ss, caso eles vices 

1. Duty of executor or administrator to act.... 
2. Guardian, or executor or administrator, to 
select. property to be set aside.............. 

(f) Where estate does not exceed five hundred dollars.. 

(g) Claim of exemption out of real estate appraised at 
more than amount of claim; appraisement and 
confirmation; payment of excess; sale on failure 


(h) Title to vest on payment of excess; distribution of 
DEOCECUsBOLe Cds Gait. cotta te crater mie SS sania! rot ol ecael alates 
(4) Widow or children entitled to rents, income, interest 
and dividends from death of decedent; deduction 
of proportionate part upon failure to pay excess 


it I CMULMECT A CSLALG ess citats cls orag slaro e's, flake one e eves 

(j) Procedure where real estate lies in another county 

Oleiss GL VincCds DY a2COUDLY ING. cies sacs se os 

(k) Recording and registry of decree confirming ap- 
Draisement ofereal estate o.oo cs aes sete s.e9 Coretes 

SECTION 13. Payment of debts of decedent................0 eee 
Cae Ordere ObeDaAvINent mi re cree wed. Pies aces 


(ob) Payment not to be compelled within six months... 


SECTION 14. Rents of real estate to be assets for payment of 
debts when personal estate insufficient; collection 
by, executor or administrator..is...:....... ee 


SECTION 15. Lien of debts of decedent. 2.2... 0. soe cc eee wes 
(a) Lien limited to one year unless action brought, in- 
dexed, and duly prosecuted to judgment......... 

(0) Debts not due within one year; procedure to acquire 
ANOwCONTINUG. LL@Titn ees cum. tact eiesde ie tie wie ow ele 

(c) Provisions of clause (a) to be retroactive; BA Ine, 
(HEARTY Mov afar aera tran didn rear AaAene ae 5. ALR oh 7 lad Wp a Saat 

(ad) Indexing by prothonotary; filing certified copy of 
praecine vin OLNer COUNTIES fos. earerecle © arere ste sets 

(e€) Executions on judgments obtained against executors 
or administrators; scire facias to surviving 


spouse; heirs; et Ceterass <siects oo ces ove wise’ wee be 
(f) Judgments not liens at death to be treated as debts 
not of record; method of continuing lien....... 


(9g) Judgments which are liens at death to be liens for 
five years from death; revival.....c........200% 


70 
70 
70 


71 
OL 


71 


72 


72 


73 


74 


74 
14 
74 


74 
75 


75 


76 


76 


76 


17 


17 


282 : 


PAGE 

(h) Effect of section as to mortgages and bonds secured 
ther DY. ut era eae Af ees Aa 78 

(i) Executions on judgments obtained in decedent’s life- 
time’: so Se Sans oe he dc ee eek eae eee 78 
(j) Distribution of proceeds of sheriff’s sale........... 78 

(kK) Stay of execution until application to orphans’ 
‘eourt ‘forssalé of. realestate. 2s24 6s) aah s bee ss 79 

(7) Order on executors or administrators to apply to 
orphans? court... 425.02 cots Bee o Mob e ale dt ae eas 79 


Secrion 16. Sales and mortgages of real estate for the payment 
ot debts. of decedents?..< cs .55 oa tk ae sees <-bubrte 

(a) Duty of executor or administrator to sell real estate 

where personal estate and rents are insufficient 


tO Pay: debtsis5 55 acc ee eee eee a eva eine oh 
(0) Power of orphans’ court to authorize sale or mort- 
gage: of “reals Catal. se cc) tae aco es ee eee 79 


1. On application of executor or administrator 80 
2. On application of executor or administrator 


Or <Of CrEGitOr ca < Ly oat cae ae coe la 80 

(c) Inventory, statement of real estate, and account of 
Gebts ‘to -bevfiled 5... csi ceca ce oe eae eee 80 
(2d) Refunding cmnorteases 2... os. n5eee oe eee 80 
(e)- Appointment \of:master.32 2-40 yl des. heen wee eae 81 
(f) Bond of person carrying out decree............... 81 
(go) Public: notice of (sale so. S35 oe eee eee 81 
(hk) Securing unpaid purchase money..........ccceces 82 
(4) Acknowledgment of deeds and mortgages.......... 82 
(j) Removal or incapacity of fiduciary................ 82 
1. Before conveyance or mortgage............ 82 
2. Where there are co-fiduciaries...........02. 83 
Be BOLOTO NERS ay a vishal deh tence ance Ree ee 83 
4. Eftect of sale, deed or mortgage............ 84 

5. Revocation of letters or removai of fiduciary 
aller “Balen sch Sh gwen. oS aecae sat ft eae ce at eat ae 84 
6. Irregularity or defect in He ye RR gal 84 

(kK) Conveyance or mortgage where fiduciary is pur- 
chaser: -ar, smortzesed.. Sit Fk. eee eee 84 
(?) Real’ estate in fathorcounties .:8 2. ixic.in oe ee 85 


1. Real estate in county other than that the 
orphans’ court of which has jurisdiction of 


ACCOUNTS” 6. 2 4gt cinta cea et | be kee eee 85 

2. Real estate divided by county line.......... 86 

(m) Private, seles ss.) goes. oe aye ela obec) ee ee 86 
4 When, authorized. is iti asset seit ae ei 86 


2. Public notice........... 


(n) 
(o) 
(Dp) 


SECTION 17. 


(a) 
(b) 
(c) 


SEcTION 18. 
(a) 


(b) 
(c) 
(d) 


(e) 
(7) 


SECTION 19. 
SECTION 20. 
SECTION 


22. 
23. 


SECTION 
SECTION 


SECTION 


SECTION 25. 


(c) 
SECTION 26. 


(a) 
(bd) 


21. 


24, 


983 


PAGE 

3. Objections fo salé.i oi ic cee teen eos 87 

PUStUTH oan COTA MIALIONS oie cies tS Sn eb eae ee 88 

TI BCUE TRO OF, ONS She Ceo ah Cale otek «site hints vies 6 «siete 88 
Purchaser not bound to see to application of pur- 

CHASE TINONG Yee es 6 te oy terrae sata HeMel em oeteiet tore) 88 
Proceedings to relieve real estate from lien of debts 88 
POLIO oe ee ee rh eats fie Be ee es 88 
Hearing by court or by master; notice............-. 88 
Decree; bonds by persons entitled to real estate.... 89 
Contracts of decedents for sale or purchase of real 

OBLA VOM ere al ol aiale a tans ee nle he bee le eee «8 89 
Petition, notice, hearing and decree of specific per- 

TOC TIVRNLCO Mere ee aete ee eas aaa, 9 oi Sek HTS eo ele ayaloiohecele 89 
Remedy in orphans’ court exclusive............... 90 
Indexing of petition in judgment index............ 90 
Execution and effect of deed; decree for payment 

by representatives of deceased vendee.......... 90 
Enforcement of parol contracts. . 2... ce sce cece 90 
Execution of deed where grantee is executor or ad- 

BAVELSLE A COT ee otters eo ea Te wo ie iene eis oke ba os cists ees 91 
Notice of devise or bequest to corporation......... 91 
ADALEMENT. Of IEHACTOR: ois ote ute cc on oath whe eee ees 91 
When legacies shall be payable; interest on 

ROPE CE ral il Rak QT LEE ao RU eae a PR alle Ae Ia a Rue 91 
MAIOTUIONYIETE OTT IMCOING cow suc cree tee eee res fe 92 
Security by one entitled to income of proceeds of 

sale of decedents’ real estate, and by legatee for 

life, for term of years or other limited period, or 

on condition or eontingency; appointment of 

trustee on refusal, neglect or inability to enter 

BOGUT I Vere ete ert che eee ehe Raisin ePhiw "eee cia a eee 92 
Remedy for collection of all legacies to be exclu- 

SiVely ii 4G OL pnaneeCOUrL.. ... oro as cweaes ses 93 
Procedure to enforce payment of legacies charged 

apes BENG fe Bonne ne bi = 2h i MOR A ree ihe Sieh Ut be yale ae 93 
Petition, notice, decree for payment; sale and dis- 

tribution of proceeds; decree to enforce payment 

GENIC CROSE Sele ae ee eee Ne oar the cee ee eas 93 
Procedure where land lies in another county or is 

qivicedsbyem county LIne. hl ete aes cee se cla ee 94 
Bond by legatee or other person entitled to benefit 

Ole COCTORTION A DAVIMNCN aovigs «ees te eds ek alee 95 
Discharge of residuary estate from annuities or lega- 

CLONTDAVAUIO MIT) PUCUPES se Oro ce igs tobi tice es 96 
LO TARICH Med eter eee cc ee STR ee ee EE ee eo ees ok 96 
Citation; hearing; appointment of master........ 96 


SECTION 32. Elections by guardians or trustees 


284 


PAGE 


(c) Decree directing setting apart or investing of so 
much of residuary estate as will secure payment 
of annuities or legacies... . ics .%2% = om ove ele ciste wos 

(d) Discharge of remaining estate; appeals........... 

(e) Custody of portion of estate set apart; accounts; 
surplus incOMeCs....< 2 cis der ais oe Riteipe oe cie tee pre 

(f) Reduction of fund set apart..........-..sesseeees 

(9g) Rights to ultimate enjoyment of residuary estate 
set apart:..not*to (be affected yun wine sic = sels oe ee 


SecTIon 27. Discharge of real estate from lien of legacies and 


other Charges its sino css tees anti ae ease ete 

(a) Where persons to whom payment is due cannot be 
LOUNTIG § 5 cea eo eae bie heer Mae nn ay ela aie eee ee eC enero 

1. Jurisdiction; petition and notice........... 


2. Hearing; ascertainment. of amount of - 


charge; payment into court; recording of de- 


CYEG- VALS. CPE oars & etoile iets atietsee canna 
(b) Where charge has been paid or is presumed to be 

Die ere Bien sae ee secant abe ee ele: cae oie te eee a 

1: Jurisdiction ©. fsa2.0 620s ae eee eee ; 

2 Petitionsss 27532 a ck cee cee ee ale ee 

SVCibation® 72 ea.04- ee tie ee eee ee 

4. Hearing; decree; recording of decree...... 

(c) Cases not provided for in clauses (a) and (b)..... 

(d@) Distribution of moneys paid into court............ 
(e),.Payment® of Costsiv cs. .1ct panes cuhtpre nie toacee ns ence 

(f) Appeals 3.5 ecm eure kay ee rei tee te ee ne 
SECTION 28. Powers of executors as to real estate......:........ 


(a) Mere authority to sell the same as a devise to sell.. 
(b) Private sales conveyances or leases authorized.... 
(c) Powers not given to any person by name or descrip- 
tion deemed to be given to executors, but to be 
exercised under control of orphans’ court...... $ 
(@) Powers of surviving, acting or remaining executors 
or administrators c. t. a. as to real estate........ 


SEcTION 29. Fiduciaries may make conveyances through attor- 


MOSMAN OFAC ie nxt ei GImIO 0 Hiv oO Nia Uther O nolo Gone old 6 


SECTION 30. Purchasers of real estate from executors or trustees 


not bound to see to the application of the pur- 
CHASS “MON OF." vcs sce tena etre tae eee eee hee ek are ne 


SECTION 31. Leases of real estate by testamentary trustees and 


Tuardlans s.%.. 72s Aaseceea hs eee ieee eer ee okie are 


ooceeoeee eee ee eee 


(a) Election to take real estate in lieu of proceeds..... 
(b) Election to take money instead of real estate in 
which it is directed to be invested......... sie es 


(c) 
SEcTION 33. 


(a) 
(b) 
(c) 
(d) 
(e) 


(7) 
(9) 
SEcTION 34. 
(a) 


(bd) 
(c) 


(d) 
SECTION 35. 
(a) 
(bd) 
(c) 
(d) 


(e 


— 


(f) 


(9g) 


(h 


— 


(i) 


985 


Validation of previous elections .............-eee0% 
Procedure where real estate is devised at an ap- 
praisement to be made, or to executor at a valu- 
SUI GH ec ade sredscd sis. se OE ARG See ik ee OU whee a's 
UIPISU ICTION cay DELLUION Site sicharcias ste onn<etess dere see cies 9.0 0} 
Appointment of appraisers; notice................- 
Oath and compensation of appraisers............. 
Return and confirmation of appraisement; appeals. 
Citation to accept or refuse; decree adjudging real 
estate to devisee or to other persons; recording 
ANGeTGLisiry OL GECTCOR. -mlcm « eales oles severe ab se cleus 
Where real estate is devised to executor at a valua- 
ATO A xen uray PitbsaP ie CARES Pa Lie BCE ga Fs em a a 
Validation of/previous decrees... 6 so. sec ee cee 
Designation of curtilage of building devised....... 
BW LIEISO ICEL ON ME DCLLLION | ..snc seus Beware. ures cee Gg 6 Riese 
Appointment and compensation of commissioners.. 
Notice of proceedings of commissioners; report; 
confirmation; recording and registry of decree; 
EITIES OLEOGVIBCE acne ks creredel sox arate otter 3 Ges bo Se Wie tena 
PAVING G OLeCOStS a aie al oetiae ii 3 wretch eceeiaie ahs &,0 4 5 cule wale ans 
Abatement and survival of actions; substitution of 
executors and administrators; pleadings as to 
PSSOL Gime cH ov MNEs ot oor Th aPe a! &) Sea cores tha ah os o-o(ehlle ele moe ele Ss 
Personal actions, except for slander and libel, not to 
MERRY Go Biv wane? meron EER acd here Setar eRe oi Sena ar amare 
Executors and administrators may sue and be sued 
in personal actions except for slander and libel. 
Pending actions of ejectment to enforce payment of 
PULCOASORIN ONG Vad Geer es kn ews les cree See 
Executors or administrators may sue or distrain for 
arrearages of rent-charge or other rent or reser- 
VACLIONIwOUeRLOs OCCU CN Ts fudtas ok celts ave bake 8 
Executors or administrators of life tenant may sue 
for proportion of rent due up to date of death.... 
Executors or administrators may be substituted in 
pending actions and may issue execution on judg- 
Ihenteinetayor.Of, decedentics te can cateen 2s tee en 
Scire facias to bring in executors or administrators 
of deceased party; continuance.........-.esceves 
Service of scire facias when executors or adminis- 
trators reside: withoutrthe county. 5 2... 5. ..05/. 2. 
Actions not to abate by death, dismissal, removal, 
resignation or renunciation of fiduciaries....... 


(j) Failure to plead any matter relative to assets, or to 


reply thereto, not to be deemed an admission.... 


109 
110 
110 
110 


110 
jaa! 


111 


112 


112 


112 


112 


112 


113 


113 


113 


114 


114 


114 


115 


(kK) 


SECTION 36. 


SECTION 37. 


SECTION 38. 
SECTION 39. 


SEcTION 40. 


SECTION 41. 


(a) 


(bd) 


SECTION 42. 


(a) 


(b) 


(c) 
SECTION 43. 
SECTION 44. 


(a) 
(bd) 
SEcTION 45. 


SECTION 46. 
(a) 


(d) 


286 


PAGE 


Abatement of action by failure to take out letters 
in deceased plaintiff’s estate.............ccceeee 
Statute of limitations to run against debt falling 
due to estate of decedent after his death although 
letters have not been granted.............-.e0-- 
Suits against fiduciaries who do not reside in county 
the court of which has jurisdiction of their ac- 
counts 
Suits by fiduciaries against co-fiduciary............ 


Revival of judgment against executor or adminis- 
trator .of juedsMent creditors ..5 ne kecsiee ws clots oe 
Compromise by fiduciaries of claims against estate 
or questions as to will or distribution............ 


Investment: by fidctariess ctu 6525 SU Gee dee lees 
Legal “investments... ¢ feds Vs voip te a htals po dee melee ake 
1. Investments in debt of United States, Com- 
monwealth of Pennsylvania or municipalities 

of the Commonwealth, or on real securities 

_or in ground rents within the Commonwealth 

2. Investments in other real estate within the 
Commonwealth or in debts of other states or 
counties or ‘cities ‘thereofiri cit a5 se bse 

3. Fiduciary not liable for loss on such invest- 
ments 
Expense of procuring guaranty of investments..... 
Organization of corporation to carry on decedent’s 
business 
Property of estate may be contributed in return for 
stock, whether or not the will authorizes carrying 
Of DUSINCES. Shee IST Re ee ee es Tee 
Approval of orphans’ court necessary; procedure... 
How stock shall be held; voting stock.............. 
Voting of stock in corporations by fiduciaries...... 
Liability of executors and administrators for in- 
terest 


eceoevreeresecere ee ee eeeee et eos sesso es eee eee ee @ 


ceceoer ete eeerer eee eee eee eee eee eee ees eee se @ 


eoesersree eee ete eewveeree er eee eee see eee eee eee eee 


ore eereo eee ere eee ese er eee eee eee eee eee eee eee 


Same person shall not receive commission as ex- 
ecutor, ‘and Arupiae lin. aac cee te eee ee 
Accounts of executors, administrators and trustees 
Accounts of executors and administrators to be filed 
in six months; executor or administrator may be 
cited to account at end of six months............ 
Orphans’ courts may appoint examiners to make 
examinations of assets in hands of fiduciaries.... 


116 


116 
116 


2a Ae 
117 


118 
118 


118 


118 


119 
119 


119 
119 
119 


120 
120 


121 


(122 


287 


PAGE 


-(c) Claimants who have notified executors, administra- 

tors or trustees to be entitled to receive actual 

NOtICG. Of MLiNG Of ACCOUNIS EN Te ics Oca ae ee 

(ad) Register’s duties as to transmission and advertising 
GOETACCOUNIS- “AEX PENSER? {Fund Jae Cs cow Malek bias ole & 

(€) Orphans’ court may require additional notice where 

parties in interest reside out of the state or where 

other circumstances render further notice expedi- 

CNT vi saltisis y welt ails fer tasdile ektidne oe LOE Ease la le! aie ieee e ans 

(f) Accounts not to be confirmed unless it appears that 

MOLICG ERAS BDGCO 21 VET iin Sa chaos fake Packs wane Rsk cies 

(g) Where trustees’ accounts shall be filed; exclusive 
JUPISHICLIONAOLsOr pans LCOURt. 22% cob ek ce ee aes 
Chy=Triennial:accounts GL trustees. rae ek bc wise ws 

(4) Notice of filing of trustees’ accounts............. 

SU LIOR ate A Id rae eth ee okt ee ee ma hae Poe he onsets 
(a) Rules of courts as to publication of notices of audits 

(0) Audits by court in counties having separate or- 

DUES se COUT ES eee einen ciate ook key eae lece eee 

(c) Audits by court or auditors in counties not having 
senaratey orphans’ COULL: 6.60 clade le ees eie sees 

SECTION 48. Review of accounts, adjudications and auditors’ re- 
RU Lae) ce cet aei ea raretns ate ke oe aiaiebls «08 sige ee soe 8 

SECTION: 49), DIStripution OL CStAtES ee 2 ce ee cays awe hoes 
(a) Distribution not to be compelled within six months; 

after six months, distribution may be ordered on 

petition of creditor or any person interested.... 

(6) Distribution without audit of account at risk of 
ecutors or administrators; distribution under or- 

der of court to protect executors or administra- 


tors, and to be without refunding bonds......... 

(c) Distribution of estates not exceeding three hundred 
MLO MEL eat tte ita era ed as hohe wie’ Ba wa 2 aN alere me e's 

(d) Creditor failing to present claim at audit not en- 
LICIEG TOV BATS ATT GIStriDULiONs 6 ase fe. dete tee os 

Fev EIetEIOUtIOD a ICING ae ole sis ie we Se Se ee we Slee 5 
1. Court may direct distribution of unconverted 
BOCULIT LOS te Stereo ne ce tks Atiterdtease eee aie he car's 


2. Duty of fiduciary to whom such distribution is 

made; application to court for authority to 

BOE aC itaita Or sipinttten ics Rel OMe Meld GO tere 

(f) Distribution by employer of wages due decedent not 
exceeding seventy-five dollars .................. 

Becrioneho. .nerinaies DONOR hae FO ree Re ee a ek 
(a) Fiduciary who has given bond may require bonds 

from persons to whom he makes payment...... 


122 


122 


(db) 
SecTIon 51. 


(a) 


(b 


a 


SECTION 52. 
(a) 
(b) 
SECTION 53. 


(a) 


(b) 
(c) 
(d) 
(e) 


SECTION 54. 


(a) 


(bd) 


- (c) 
SEcTION 55. 


SEcrTiIon 56. 
(a) 
(b) 


288 


PAGE 
Limitation of actions on refunding bonds......... 129 
Transcripts of balances due by fiduciaries......... 129 
Filing transcripts in common pleas and effect there- 
Of? EXeCULLONE 4.4 aio Stock Oh ow Se obec we eee dap tees 129 
Satisfaction and discharge of judgments on tran- 
SOF IPUS 4s Bd ves adware a& shahatete Parthisesn ares hae peel tee 130 
Discharge of fiduciaries and sureties.............. 131 
Conditions*of «discharge wees oo ees ce ones 131 
Discharge of one or more of joint fiduciaries....... 131 
Removabor fiiduclarics?.. wives eee een ee 131 
Grounds*form removaligs: foc ee ea ess ee eee 131 
1. Waste or mismanagement; probable insolven- 
cy; failure to file inventory or account...... 132 
2. Lunacy, drunkenness or weak-mindedness.... 182 
3. Sickness or physical or mental incapacity... 132 
45 Removal fromthe state 1.52 see tere ie eel 132 
5. Mismanagement or misconduct by guardian... 132 
6. Failure to pay over principal or income or to 
comply with any order of court............. 132 
7. Neglect or abuse of trust by trustee for relig- 
ious, educational or charitable purposes..... 132 
8. Probable jeopardy of interests of estate....... 132 
9. When all or a majority of cestuis que trust 
having life estate desire removal on any sub- 
stantial! 2round o::2om).biee cee Pee ee ae 132 
Petition; citation; orders and decrees ..........-- 133 
Summary removal in cases of emergency......... 133 
Decree removing one fiduciary not to affect co- 
fiduciaries (x95 ite othe. tec een ee ee 134 
Enforcement of orders and decrees; suits by suc- 
cecding> Nduciary wi4o8 4. ae ae eee 134 


Requirement of security by executor or additional 
security by other fiduciary; proceedings by sure- 
ties to require counter security, for discharge of 


surety, or for removal of fiduciary ............. 134 
Proceedings to require additional security ........ 134 
1; Decrees FatltachmMment- evga eee coe ane 134 


2. Removal on failure to comply with decree.... 185 
Proceeding by surety to compel giving of counter- 


SOCULILV Arak Chet ac Sect ete e aee seen, buce ee eee 135 
Proceedings by surety for discharge .............. 136 
Requirement of statement of investment on ten 

days’ noticésiaccounting;sremovale.o..o.. cece 136 
Appointments of trustees to fill vacancies.......... 137 
Parial vacancy in testamentary trust ............. 137 


Entire vacancy in testamentary trust ............ 138 


289 


(0) Entire vacancy in testamentary trust .......... 138 
(c) Appointment of trustee where executor declines to 
act or is discharged; appointment of separate 


trustees for-several parties — ose see sc emt. oc oe ee 138 
(d) Jurisdiction of orphans’ court to be exclusive...... 139 
SECTION 57. Non-resident fiduciaries; corporations of other 
Stale es eHOUCIAPICE. catia vite. gales at sos Thee «005° 8.05 139 
(a) Powers; appointment of non-residents and foreign 
COPporationstas: Tanciaries i. .2 26 ts ge baw ee os Ss 139 
(65) Appointment of resident co-trustees .............. 140 
ERO NMOS aL OLele ts HOMCIATIOS 2 inne ol eyrwieisi «ls 6 cle Wane acon 2 ainuw ie le 8 140 
(a) Foreign executors, administrators and trustees ... 140 
Come OreLe Tye Siar Ola Sie cee cori ey city © nn ah wuelagsient os 140 
(c) Powers of foreign fiduciaries in general; authentica- 
tion of copies of wills or other authority ....... 141 
(d) Powers of foreign executors and trustees as to sale 
Gime VCO ECOS ALG ae oie ot icin hseralt nes Git arate, ts «300s! o's 142 
(e) Revival of judgments by foreign executors and ad- 
PIVUIEUS LE CONS BR Eris oie rea orks eaten e soe, ce alas STA ees SR 143 
(f) Awards to foreign executors and administrators... 143 


(g) Powers of foreign guardians, trustees, committees 
and other fiduciaries as to removal of property. 144 
1. Proof of appointment and qualification of fidu- 
PRD Se eile oo a a cag RON A Par ae Ny MN On an Se oR HERRON DR oO 144 
Z Discharge of resident fiduciary ............. 145 
(h) Award to foreign trustee when all beneficiaries for 
a term of years or for life have removed from 


EEO CALEL tae shure cist. Be hr ye RRO HE «end HOE SI 145 

SEecTION 59. Guardians -..../....... ALM yea Sy We RA Rd ot ae 146 
(a) Power of orphans’ court to appoint; effect of ap- 

PONT CLISC LUG man camrctetar eta dee la aac aee 21 ees taet on cia elena olant 146 
(>) Persons of same religious persuasion as parents to 

be preferred as guardians of the person......... 146 
(c) Exeeutor, administrator or trustee not to be appoint- 

COM UAE VAL teat itetnee tt tae Ae fiat oh, Sesto Lieietnel a loko eoseeaets 146 


(d@) Parent not to be appointed guardian; where estate 
is one hundred dollars or less award may be made 
to natural guardian or person maintaining minor 147 
(e) Appointment of guardians of estates for minors re- 
Sidipgesour o1stne, Common wealth —-..4-. Asa. oske 147 
(f) Appointment of guardians for minors in service of 
United States, or whose appearance is physically 


impossible or unnecessarily expensive ......... 147 
COMM DOU SeOl & UAL LAT Sib cee hee) hin 0 oho ea Ge My 148 
(hr) Inventory to be filed by guardian ......2......... 148 


(i) Allowance for support and education of minor..... 149 


290 


PAGE 
(j)- Accounts of guardians > ..ve..0 teen os ee sp eee 149 
Ls Triennial) acepUNnTS ss 5 ab eee, wes ee aes eat 149 

2. Guardian or next friend may petition to have 
account audited’ 4.2% ow sce ck ce eae eres 149 
3. Contents of 7 petitione xo Foci cise w wasusi ns anelennintanatens 149 
4. Notice of filing of account and petition....... 149 

5. Audit of account; appointment of guardian ad 
litem :-econfirmation: <a. <2 2 <ie-setes sete cutie le eee 150 
6.2 PAYMeNt OF  COStSS Goats vations ee eee 150 
7 Appeals and ‘rehearings =<. ...cs seas ee ee 150 
8; Final “Accounts we. t 0s ba seek eh otk 150 

(kK) Notice to guardian of proceeding affecting interests 
of minor; appointment of guardians ad litem... 151 
SECTION 60.) Trustees durante absentia ses. vee. eas. veniciee oes 151 
(a) Petition and appointment..2-.\..cu - euler eee 151 
(6) Bond}:inventory and’ AcCcOUnIS®? 7.5... e bate oe 152 

(c) Duties of trustee when absent person returns or dies 

within seven years, or where letters testamentary 

or of administration are issued on the ground of 
his; presumed death ©. s205) a. eo ee ee eee 152 

SecTION 61. Immaterial variation from forms not to vitiate pro-— 

COCCINGS | es st iiai sisvgae SB otebaaine ates aero er eae 153 
SECTION '62. Short title, section: wo. ne < F00 cee ee cece ee cs eee 153 
SECTION 632) Hepea@ler: nc Tok wig s.cte aves One me atehetastte heats veer ee 153 


‘PARTITION ACT. 


TABLE OF CONTENTS. 


PAGE 
SRC Cea risdiotions OF -OTDDADS .COUTL «is vscce es ee tse ce ot 181 
PPR SED OF Toots Mn pw eee eae: le ee a ee 181 
Detain ean eLi ni DOI NS cain + © sp oeacs co Sies wo g,5.8 0 09,9, <0 4.8 181 
ROTION 2. POUMUONGTS io wip. caer sete rty ante teste et fetta 182 
pea Ter eC AL Tis Ma a aroha ea Mice, inca aon, Pia sciap Gk Rie ® sb, aroma ar a 182 
Section 4. Parties respondent; notices to unknown parties.... 182 
BEC te ss DELPVICG sOULSING OL DLAC. wb 5 saws slo's sie 5 wise seise © 06 183 
Section 6. Appointment of commissioners or award cf inquest. 183 
Section 7. Compensation and mileage of commissioners and 
SA eet ere eee a ae a ata, os Die nas vo asin on pid cbucie, + wah 183 
SecTION 8. Making of partition by commissioners or inquest.. 183 


SECTION 9. 
(a) 


(b) 
(c) 


SECTION 10. 
SECTION LL 


SECTION 12. 
SEcTION 13. 
(a) 
(b) 


(c) 


SECTION 14. 


SECTION 15. 
SECTION 16. 
SECTION 17, 


Action of commissioners or inquest where equal 
BAneriOtt -CANNOL es TAG Cu ec c inns css a/nig s Sh wis ok 
Where no division is possible; valuation of the 
TAS COS Segmsegieat a5 See), SD a gO? A pre an Ice 
PrrETHUC Laat CCUM Al ei ihe ViLAitO a. yo sia Moleral ec wietstaneae aka ot vies fe 
Purparts not equal in number to number of parties 
UL PAC DOLE Sa Min cM is ack aN e-ok Se ae laa ia Coe 8 8 ee 
Valuation of undivided interest of decedent....... 
Rule to accept or refuse the whole or purparts at 


183 


183 
184 


184 
184 


Le mmTOR USEC ECC EY Oe ered ae ts, os Ss wie Lane. dcp a Bier inse, Sp, 184 
PASC pe ee CYR LULA OT Bete ie be pete oa 2 oa, dane aimy sss a orn hw OAS 185 
Allotment in the absence of bids ................. 185 
ROIS EC TEN COME Boe oueate oe eel eo be 0.6 Kuso he wigher ed a 185 
Offer to next in succession where party entitled fails 

LO-Gp peat OT TeTUsSeSs LO TAKE. 2s. se cs pei elon 186 


Hlection to take real estate or share thereof post- 
pones party as to other shares or as to real estate 
PUTOUILOT NGOUITIL Yt. sree NAN, Sig eia a Giese ecaly balare tees wien 

Permitting residue of premises to remain for parties 


RCMB EA ENC TA Cie We, on ee OS), Oe os Ginn ie Sin shag pew S 186 
Allotment to widow as highest bidder ............ 186 
Partition to be firm and stable after final decree... 187 
CURIE Nees. See RE eae ie DRC ce oe eid each he ie 187 

CPimeay al Omieu SCCULILY (<0. fac sete aioe het kana aewe & 187 
(6) Enforcement of payment by non-resident ....... 187 


(291) 


(c) 


SECTION 18. 
(a) 
(db) 


SECTION 19. 


SECTION 20. 


SEcTION 21. 


SECTION 22. 


SECTION 23. 


SECTION 24. 
SECTION 25. 


SECTION 26. 
SECTION 27. 


SECTION 28. 


SECTION 29. 
SECTION 30. 


SECTION 31. 


SECTION 32. 


SEcTION 33. 


SECTION 34. 


SECTION 35. 
(a) 
(b) 
SEcTION 36. 
(a) 
(b) 
(c) 
SECTION 37. 
SECTION 38. 


(a) 
(bd) 


292 


PAGE 
Appointment of trustee for parties who are unknown 

or. cannot be found sacs. one lk sb ieee o aaave bie eet 188 
Widows interest ocak ees ae ee he eee 188 
Interest to remain charged on the premises ....... 188 


Charging widow’s interest on particular purparts. 189 
Other undivided life interests to remain charged on 


real, BStALG Kia cia 5 state din etre eye aheretnes , Sis nia whesstchogee 189 
Deduction of rental value from shares of parties 
who have been in posseSsion .........e.-eeeee-, 190 
Rule to show cause why sale should not be made; 
Gecree.of sale” 6 var Fey ae ee oie ald een eee ee 190 
Combination of rule to accept or refuse with rule to 
show cause why sale should not be made........ 191 
Sales for the purpose of distribution on petition of 
all -parties:interested oo. . cas «sists sete erie 191 
In "BENET Al ekee cd ae cosiwls: Cashes ic Hise sel eUoiaa ata ae tee een eee 191 
Lands tin -different-counties -<..4-... 4-242 eee 192 
Appointment of trustee to make sale.............. 192 
Bond of executor, administrator or trustee making 
SALE OSC. AG Sha aes a ade a oes oe RC Ene > fe One eae 193 
Discharge of liens by sale. ..... 2. men ean ae 193 
Recoentzance by purchaser... cas ae oe oe 193 
No obligation to see to application of purchase 
WONC VY? Shr o's ate wn Se eee eae ere ee ee 193 


Widow’s interest to remain in hands of purchaser. 194 
Other undivided life interests to remain charged on 


real’ eStates. £52 RPV i es Ran cen suede, oe a loneae a uae eee 194 
Appointment of trustee to hold principal of sum tn 
which there ‘is°a life interest?. 72. ..4.... sane 195 
Procedure where executor, administrator or trustee 
becomes incapable, is removed or dies........... 195 
Appointment of auditor to ascertain liens or incum- 
DFAT COS 0 is. cts eke’ octets toh oe shee ote e re a ee ne 195 
Account of executor, administrator or trustee...... 196 
Costs arid counsel €ices sca wn. theta a ee eee 196 
INC LEUNCTAL Ie ee eR ee Gin ap eee ee 196 
In: CASCBROL. Saleirac ee. ae ecco ales eRe Cee 196 
Private Psa lesein cee cc pee hte turns ¢ tte i cae ere 196 
WhHED Ord eredin. 2c etatc ar teak ee he Ce oe eee 196 
Notices0® BalGGe tent Siecle sticks aiieets oie aye eee 197 
Settinetaside: Salem ace cts setae hice. en ee 197 
Lands in adjoining tracts in different counties.... 198 
Lands in different counties but not in adjoining 
UPACIS Bio cote. uenstec he eae Ghee a eae eae eae ee 198 


293 


PAGE 

(c) Selection of commissioners or jurors; compensation 
ANGSINI LDA weno Re, Vigshere fock a eter ee ME Mateys ae vod slot epee 199 
COSI Sad aca eee Sr eA Gr Sr eS Rh oe eh ar 199 

(e) Proceedings not specially provided for in this sec- 
CLOT Gee, eaen ee am ners her Bante eereery, Gillis ahs g mia Nase Lyst ono 7m ecm: 8 199 
(f) Filing certified copies in other counties............ 200 
SECTION co. hecoenizances im Beneral® 20+. .oes cee cea eer eb ee es 200 
(a) Ascertainment of, amounts dle .<4)) 0. ccs os ee bee we 200 
COMMAS TISTACLIONS ge ira. ist rc ee Pome a a ete My Scoee's let a NB os 200 
PemOALISLACLIOM@Ol TeCOT Cm ca CGie fle Haale mace siere te dela ws 200 
ZevemMeay, fOrerelusing -lO Satisly i.e. 6 as sean soe © 200 
SEcTION 40. Protection of interests of persons not in esse..... 201 
Pore 4 (Pele AE LILO md OC KEG iacd wle sate cies ait Srelilae ne Ae ws 8 6. 08 0-0, 201 
BT Oana oes EO EULCLOM GT INLE Xn Mana cuk tee oe SoMa a, Siein « aoe debate < aibln web's 201 
BESET CONES AD) CS etre oot Bet tus wicae eaten ieee aud tee aie e006 Sse ai 202 
SECTIONS 4.2 OUOPCETIIG: BECLIONG tac) cate tie th Gr ciSl piece alee ahs el sie we 202 


retina yilalicn: & oil £45) 12170 C2) oh lpn heater gin ARE Ne Gea na, ae MR Oe alta eee 1 re. 202 


SECTION 1. 
SECTION 2 

SECTION 38. 
SECTION 4. 


SECTION 5. 
SECTION — 6. 


SECTION 
SECTION 
SECTION 
SECTION 


co 00 =] 


SECTION 
SECTION 
SECTION 
SECTION 
SECTION 


SECTION 
SECTION 


(f) 


SECTION 18, 


. Effects of decree 
. Title transferred 
. Payment or foreclosure of mortgage 
10. 


ai. 


REVISED: PRICE (AGA 


TABLE OF CONTENTS. 


Existing laws authorizing sales of real estate, and 
existing powers to do any acts enumerated in 
section 1, not impaired 

Petition, citation and notice 

Who shall execute decrees 

Appointment of trustee to make sale and invest pro- 
ceeds where minors have remainder interests.... 


eoeceroeerer eer ee ee ewe ees eee © 
es) 6070 ©: 04:0) 6 oo @ ia) 2 © 0 0 88 2 Te 


ere e eer eee ew ere wr eee ee ee wo 


eee er oee st eee seeo er eer eee sees eee es ee ee 
oe ere eee er reer eee eee reer ee eer eee eee eee 


eosceeerereeer ee eve 


Purchase or mortgage money, et cetera, how held 
and applied; maintenance and education of minors 
Application of moneys to payment of liens or im- 
provement of real estate 


oer eecereeereeeee ree eevee & @ 


. Appointment of master to report on expediency of 


granting application 


ee 0068 O60 6 6 oe Se CS 8 ee 8 ee ee 8 6 


. Bond of person or corporation carrying out decree. 
. Notices of public sales 
. securing unpaid purchase money by mortgage...... 
. Acknowledgment of deeds, mortgages and leases.. 
. Effect of death, removal, disqualification, or irregu- 


ee eee eee eee eee eee see eo eee ee 


larity in appointment of fiduciary designated to 
CALTYTOULMUCCIED 4,500 cet Nc ghiase eine Fae eee 
Where only one fiduciary; conveyance or mortgage 
Where joint fiduciaries; conveyance or mortgage... 
Where sale has not been effected...............6. 
Effect of sale, conveyance or mortgage ........... 
Title of purchaser or mortgagee not affected by 
revocation of letters or removal of fiduciary after 
sale-or mortgage madé<).eetee ee oe ee ee 
Irregularity or defect in original appointment of 
fiduciary not to affect title of purchaser or mort- 
gagee 


O90 wR Pe. [Tile 166 6.8) (Wire O)Fe le 6 Le {e wr, Se wire 1G 1985996) "Oita eee! Gh ias fw 


S. 0) S96) 8 10) 6) Ca.8) 6 6 as) Oe 6 6 


(294 ) 


PAGE 
What relief ‘may “beveranted 223 vsmerst. eae «seen 212 
. Cases in which court may grant relief............. 213 


218 


219 


220 
220 
220 
221 
221 


221 
221 
222 
222 
223 


223 


SECTION 19” 
(a) 
(db) 
SECTION 20. 
(a) 
(b) 
SECTION 21. 
SECTION 22. 
SECTION 23. 


SECTION 24. 
SECTION 25. 
SECTION 26. 


295 


PAGE 
Real estate in the same or different counties...... 224 
Where real estate wholly in one county ........... 224 
Where real estate divided by county line .......... 224 
IPTUVACOS CHIEN ee Gta os Fae eal ok Sa wees ee ete Ves 224 
LOWer- LOL aULDOTIZe OT CITGCbs . so aie, ase ens era eiete ates ae 224 
OODICELIOISELOMR ICR ar ecient. ca cata Wi cietetas cel eieie ek 225 
Return and confirmation of sales ................ 225 
Dien CeeOL ese. co eee Une eas cc cece) we we ens 225 
No obligation to see to application of purchase 
TYPO Ver Saeed otra Se Rhy ae ey cree Te ee wisp bbe 225 
AONCHIS eee Rem ely te ae a hed oa ee Ace RE mms 226 
BShOre fi LG sSeCLION 6.4)... rh a be ea eb et tibet ee va ds 226 
eer let siteon ican Ieee at oe ee VLUS ecb ace ne eas. 226 


REGISTER OR WIPES IAG. 


TABLE OF CONTENTS. 


PAGE 
SEcTION, <4O0ath. and -bond of registers. 2... . sess os bere cs bee 230 
CO) OB ED reef acete ta + ais rae dealee ab Sete eae ac et ie en re 230 
ChY =Bon ie cache ee coe Or a aie Boe Shemlieee cree: ee ee 230 
E.1. Pormeand approval vcd esc or eee ee eee 230 
2. Acknowledgment, recording and filing of bond 231 
3. Copies of record of bond as evidence ......... 231 
4. Provisions not to apply to certain counties... 231 
(c) No liability on bond where letters granted under 
order Cf COUrt. Arc adt ck Saleen ene ee 231 
SecTIon (2. Deputy register’ 5. vel 2a too apie tee eee 231 
SEcTION 3. Jurisdiction’ of tegzister =. 2. oe, .01- eee ate eee 232 
SEcTION 4. Before what register wills should be probated..... 232 
SecTion 5. Revocation of letters of administration by register 232 
Section 6. Probate of nuncupative wills ......¢............-. 232 
SecTIon 7%. Probate of copies of wills proved in other states or 
counties 2 = SN ees Se ee eee St Se ee 233 
Section 8. Citation to person having custody of will; certifica- 
tion to orphans {courts : 2.02.55 sae ae ee ee 233 
SECTION 9. Subpoenas to witnesses; attachments; witness fees 
Atid<-wiileagem see ee rons PE es ee oe ee ee 234 
Srecrion 10. Commissions or rules to take depositions......... 234 
SECTION 11. Recording and filing wills; certified copies ....... 234 
SecTION 12. Wills or papers in other than English language.... 235 
(a) Translation to be furnished, filed and recorded.... 235 
(bv) Effect of failure to furnish translation ............ 235 
SecTIoN 18. Recording inventories and appraisements ......... 235 
SEcTION 14. Certified copies of bonds, inventories, accounts, et 
cetera, to be furnished by register............. 236 
Section 15. Filing copies of wills and probates in other counties 236 
SEcTIONSI6. Hiféet of? propatet.-.... cee 1 ara la eee ee 237 
(ay Conthisl veness: ticcgas eee eee ne ay ina ee ee 237 
(6) When no probate within three years; effect as to 
conveyances or mortgages ................ hh eZee 


SECTION 17. 
SECTION 18. 


Precept by register to common pleas for issue d.v.n. 237 
Certification of record to orphans’ court on order of 
COUPE Pt EG ae Salk Rete eee eae eee ee ee eee 239 


SECTION 19. 


SECTION 20. 
(a) 
(db) 
(c) 
(d) 


SECTION 21. 


(a) 
(6) 
SECTION 22. 
SECTION 23. 


SECTION 24. 


SECTION 25. 
SECTION 26. 


297 


PAGE 

Certifying record to orphans’ court where there are 
difficult or disputable questions ................ 239 
CAVEAES edo ate cre Becca iat aoe alee coe eeees barat saan Wien Move 240 
BOT erate ae reacts Seats tke tia te Wistats erie ie where ck 240 
Wailuren ice ei VecDONG ry. oa On se ee ektad oie en vic areas «oes 240 
CostssOn- CAVCRULGr ADDCAL c.g.nc 6.0 ie 4 telsten ccs oee.s 240 


Appeals from orders as to security and taxation of 
CORUS otra ieee sas oe ree Mets alesis ey elk Sais oo ois 241 
APDeais tO -LNet OF DU ANS a COUEU e: ss'o.a% <5 fiers ere wisn os 241 
Periode lors appeals sew. ow tae ere balk « coals o wln ae cas 241 
ETECE tT ROLE AD DOA Laie fateteia cc tener cities x wh ore eee cise eee eee soe 241 
PULTE O Ur COSUSe tee rata tottre sce stcts eo aie os o's ean Slee ales ofe 242 
PPOCEC UTCL LO COUCCURCOBLS oe ccc ch caet sis ees le alec s 242 


Register to collect fifty cents for use of Common- 


Wy OP Cites rot neta te hehe iio eis oie grote oie oF Gein el ethisiace toe 242 
MELE LR LILIOUROCLICN ett sce ces clits ae oe ate choice cele soa 242 
RED CELC tamer terete aie vice o! ciare Vicsanetiake  .8 crate daela op Olen SS avs 242 


SEcTION 1. 
(a) 
(0) 


(c) 
(d) 


SECTION 2. 
SEcTION 3. 


(a) 
(dD) 


SEcTION 4. 


(a) 
(bd) 
(c) 


(d) 
SECTION 5. 


(a) 
(bd) 
(c) 


(d) 
SECTION 6. 
SECTION 7. 
SECTION 8. 


(a) 


ORPHANS’ COURT ACT. 


TABLE OF CONTENTS. 


PAGE 
Organization of COUrt) 53 geass ecm she ied pul tee 246 
Court to continue to exist in each county ......... 246 
Separate orphans’ courts in certain counties; judges, 
their election, commissions and salaries ......... 246 
Composition of orphans’ courts where not separate 247 
President judge of separate orphans’ court........ 247 
1. Senior judge; drawing lots ........%. sas sees 247 
2. Where only one: judged). scacint 2-0 1a eee 247 
3. Re-electlons. ec Fs kad Oe oe ee ane 247 
4. Where two or more judges are elected at same 
BlECTION 4 nei. vs ese Soke aieleteg ben eh eae ata cee 247 
Court to be a court of record; proceedings not to be 
collaterally attacked | 8e . eon einai ans Mike ee 248 
Calling in judges of other districts when judge of 
district is unable to Sit. 24 5-...1er ose eee eee 
Power :to-:callin other judge... +. 310.6 area 248 
Compensation and carfaré. .2 2. o.54 ss came eee 248 
Common pleas judges sitting in separate orphans’ 
COUT | stereo aie cle bie es WOE Oris att es oe ee 249 
Power £07a0t cs. . fos Skin ce ee ee 249 
Not compelledrto act iss ote Ware ce oes eae eee 249 
When president judge absent or disabled, other 
judge may call in common pleas judge ......... 249 
Mileage ‘and “expenses«s <2) .t4553. fea ke oe kee 249 
Orphans’ court judges sitting in courts of common 
pleas ‘or criminal ‘courts a2+.2 3) 2.2 ee ete 250 
Power..t6 Act SoA wae ea eo se Ee eee 250 
Not: compelled. t0-act, san. cst oe ee eee 250 
When president judge absent or disabled, other 
judge may call in orphans’ court judge .......... 250 
Mileage ‘and. experses....: -..)t4 2 wen ee ee ee 250 
SeOalrof sCOUTEM Wh. kite acat bic eens eee eee 251 
Court POO S27 2 estes Oot, carers eee inka ee 251 
Clerk OF SCOULt A via tees oa RO ee eee ae ee 251 


Register of wills to be clerk in counties having sep- 
arate orphans’ court; other counties 


(298) 


PAGE 
CMe CIGS LOLPOIOT Ie teyia ao 5) earns whi, Sic’ eles « 6 ecese, eo 251 
1. Custody of records; duties in general ........ 251 
2. Dockets; records of accounts and auditors’ 
TOR CME orgie ant ra Wee Tele ate cre stata gsecebe dos oo, 251 
3. Translations of papers in other than English 
PANS UME Cert er eres, oon cl Ta oak SERINE Oa os nnd YASY 
Gr Pe ESL CU ote CL ieee iia ere ane oh a tin 0/0 wo ce chess ie eine 252 
os ete ieee eed 11 PEG LCLI Ole cre he eee he each ale Ges ore ai ties ORS 252 
SN AUB SS EPs UE Tas MU a al se aie EOS SS > See A Dear a, Ae ar Reco 253 
CCR USL COG MEG oie ccc Se ate ek 6 ab Soke bates Ge vee kets 253 
Ose PristGes CUPrAarite a DSENtIONn ve.-c od tot ee vies oe acc ome ce 253 
Cf peti xecuLlorse ands SOMINISUTATOIS....4 shin os os Sea eee 253 
(e) Distribution of decedents’ estates ................ 253 
(f) Sale of real estate for payment of debts of dece- 
Ae MNO rete ae cts or hen oe ee eels Ges ove 0'e 253 
(9g) Disposition of title to real estate to render the 
same freely alienable, et cetera................. 253 
Qi BE A ETD GRE AR Sy oe PS rae ren «Oa ae ee ee 253 
(1) Specific execution of decedents’ contracts as to 
Cs ee riaind YM yarn Sala 5 gcale Gc poRe O'all Ge crete 253 a 
De OCS re ee tet, Ree oe a, ay ait ahc giisflverkigg aia ootalabare 253 
(%) Discharge of liens and charges ......6.....c0cece0. 253 


(1) Where executors, administrators, guardians or trus- 
tees are possessed of, or accountable for estate 


te CODON bere coe ocak atk iis ie Peale ts fF aed Ae Spang 254 
(m) Appeals and proceedings certified from registers of 
TOTES atte SESS SA ee en 254 
(n) Incidental and additional powers ................. 254 
Peer aN ee LLC ECOL Cates a cial ge cies Gee 4.6 avctesard Siedifo s enele ste oa 254 
CTION oP tine? Cr sie COUPES “ork”. sacs wcneciee «coe ewduw seas 254 
PEPE ON be CPN TACC REO MDA EICH so cently yg ecacied «408, ayia s STAdS bo 5 bale Soa 254 
ee TOT T Ae etic a aires ted fi aca ag 'm od wkd winieXave Goals ele a o's 254 
Weert CLC TOT i cee er al ee Re AG os a oo eck Siemra OLE wre b nee 255 
SEcTION 18. Attestation of process, et cetera.................- 255 
SEOTION (14. HEtUEN-CAayS. Of PTOGESS$ . 03. 1c oe vem emede eae sees 255 
SHOPION M1 Dar FOCCCOITLES » ITE VAGALIONL tate... 0b swe ea bee seaee cece 255 
OCT LON aba LIVIITICLIONS soso cat on ae hues erie hen ser eg BS Yi Nate 3 255 
SrcTIon 17. Proceedings to obtain appearance; citations; proce- 
GUTe-THsOeCLAIE OFF BD DOAT ADCO! oa 55cm ae tes Os eo 0us a0 bw bel 255 
OPE AT CLES ea CRUCACEON Ores star i's giiiler 0 weave dead fo nists, caw ese eas 255 
CO svc WOR - COUN: BELVO Ook) aisle sisiura Blere-sce Sept o dicks OTE 256 
GCE NAUBNEL  Ol+ SELVICE. | sccm le avye el dc min dt ener dud bya s dias ea he 256 
COME LACES OLE SORVICE (cro sic cise .os sca w Ee PBR. 256 
Cee OEP VICE LON RULCLICN! Je cus 9 ¢ naan ou ASR E ce Dele ds 256 
Rie RC OUeLT Th OM SERVICE cence sie niaia: als a isicnie opts cided a tnkels, 6.6, 5° 5 <2 aake die 256 


(ny eA tinS ATION, DIULICS CILALIONS is 6 cislece wt este oe ive es 9 0 256 


300 


PAGE 
(nh) Order of publication on award of alias or pluries 
CAT at bor ae a eae al oe the ars ace Sore eek eae fae a 257 
(7). Default’ oF appearance. ec. pane~ «ess ee inte oie ee 257 
1-°Power of, court: TO Proceed fon s<wleee ses aes ee 257 
2. Method of proceedina -... fists «stat siete oun es oe 257 
SEcTION 18. Proceedings to compel obedience to orders and de- 
GTEC Ack g Si Ue oe 0 Fed ee eaepeS cos tacne Chae eee 257 
(a) Modes of enforcing orders and decrees ............ 257 
1) Attachment: of the person si cae om oes eee 257 
2.¢Seqhestration i. vet eaan ee eee ven ct ace 257 
SPP ETAL ts wot oth os ee re et Oe serene eee ote ene 258 
4. Attachment execution,>. ..--c20 ce ses sure 258 
B. Testatiyny sh tas Fiche «cre cise ars tte teaeya ee sen areee eee 258 
(bo) Procedure on attachment or sequestration ......... 258 
To Direction: Of AVrits © oes eo wre «ole ee tualees onsale omens 258 
2. Issuance of process to other counties ......... 258 
3. Form’ of ‘writ’ ol-seqaviestration .-% 2.0.54 6 259 
4. Sequestration not to abate on death of party .. 259 
5. Filing copy of writ of sequestration in pro- 
thonotary s: oMcées3'... = Gas are ec ie ee ee 259 
6. Issuance of attachment or sequestration where 
DArty.. ADSEONUS 24s Oe ons: enteral cea ree ee 260 


7. Dissolution of attachment or sequestration ... 260 
8. Discharge of persons attached as for contempt 260 
9. Procedure where party is wasting trust prop- 


erty*or ‘is aboutii0: apsCond ... .4 >... 2s ee 261 
10. Enforcement of final order and decree for de- 
livery Of trust. property: vc... oe ee eee 261 


11. Order as to final disposition of trust property . 262 
12. Decree in sequestration proceedings when party 
does not appear; security by complainant... 262 
13. Re-opening of such decree ..........e+ec0e0. 262 
14. Failure of respondent to apply for re-opening. 262 
(c) Process to recover fines, forfeitures and amercements 263 
(d) Direction of, and procedure on, writs of fi. fa. .... 263 
(e) Transcripts to the common pleas of orders upon 
parties other than fiduciaries to pay money. 263 
1. Filing transcripts and effect thereof; execu- 


TLONIS IS Peete oa eyetne erin ak, Ger ne ae eae 263 

2. Satisfaction and discharge of judgments on 
LFANSCTIDIS) oe. hehe ee ee Lae eee 264 
SEcTION 19. Fees of sheriff; mileage; postage ................. 264 
SECTION 20. Witnesses and evidence ...............ceccceeceee 264 
(a) ‘Subpoenas ay tate ie ee ieee ae 264 


(6) Methods of taking testimony 
drt. BOMST AL A 4 eerie ce betes ale Pee oe ce ee eee 265 


tc) 
(d) 
(e) 


SECTION 21. 
(a) 
(b) 
(c) 


SECTION 22. 
(a) 
(b) 
SECTION 23. 
SECTION 24. 


301 


PAGE 
2. Depositions of aged, infirm and going wit- 
nesses; commissions and letters rogatory .. 265 
38. Oral depositions outside of State............ 265 
ErodticcvionsOt: DOOKS and: DADECTS... 4. 0. cae oa css ss 266 
PErnecuaciOn OL 7 LESCETION Vo eo ncsiee oc sen tend evar ele eaten ack 266 
Testimony in proceedings removed from register of 
VELL Werte Pate t tate Pee CPNS acttnts hanes tc Wetod eee haere wines 266 
1. What testimony to be ‘basis of decision....... 266 
2. Testimony taken in orphans’ court to be re- 
GUEEC aL Om WriGin Stara eit es cae nw cies wraleiie woe 266 
Issues to the. common please). 6.0 ccc cw clo ie be Se en 267 
LU CDEL Al Grr ee ie elton masa asic ele daniels bees Somers 267 
In proceedings removed from register of wills .... 267 
On distribution of proceeds of sales of real estate.. 268 
PILL LU Mme receiver oceans oie tre elas ahethavc ee els ek. s 268 
2. Investment of fund pendente lite ............ 268 
PL TYVC CLs Be terete Ty Chats aks Tota ee Yow 1a oh eene ha eel Cie conceals ao alers’ on aN 268 
Rigntoflappeals effect of appeals ic. i405 cesses es 268 
Disposition of cases on appeal .........cccccccccce 269 
SSHOMPELILICUSOCLION fs) cecsusc s v vittele toe ae hie ele, ab eie Hath eee 269 


TRA SS ON gh! URS arn it PEE CRM ge UR Pee gs RR RR 2 269 


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